Dismissed

Gyani Ram v. State of Haryana

Punjab & Haryana HC1 Dec 2012CRM-M/34563/2012

Case brief

AI extract

What is this about?

Petitioners sought bail for offences including murder. Court refused bail as petitioners actively participated in the crime and co-accused evaded arrest. Directed SPO Jhajjar to inquire into victim's death in custody within three weeks.

What did the court decide?

Bail applications dismissed. SPO Jhajjar directed to inquire into death in police custody and file detailed report within three weeks.

Gyani Ram Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2012)

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CRM No.M 34563 of 2012 CRM No.M 36383 of 2012 CRM No.M 36801 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M 34563 of 2012 Date of decision: 1.12.2012 Gyani Ram ...Petitioner Versus State of Haryana ...Respondent 2. CRM No.M 36383 of 2012 Satpal ...Petitioner Versus State of Haryana ...Respondent 3. CRM No.M 36801 of 2012 Rohtash ...Petitioner Versus State of Haryana ...Respondent

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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.P. Norula, Advocate for the petitioners in CRM Nos. M 34563 & 36801 of 2012

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Mr.DK Jangra, Advocate for the petitioner in CRM No.M 36383 of 2012

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Mr.RN Bhardwaj, AAG, Haryana with Mr.HC Pawan Kumar, PS Salhawas, District Jhajjar

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Jitendra Chauhan, J. (Oral)

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By filing the abovementioned petitions under Section 439 of

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the Code of Criminal Procedure, the petitioners have sought regular bail

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CRM No.M 34563 of 2012 2 CRM No.M 36383 of 2012 CRM No.M 36801 of 2012

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in case FIR No.103, dated 24.4.2012, registered under Sections 148, 149, 342, 365, 302 of the Indian Penal Code at Police Station Salhawas, District Jhajjar.

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Learned counsel for the petitioners refer to the FIR and contends that the petitioners are not named in the FIR. He further submits that the deceased was handed over to the police by the petitioners. Thereafter, the police moved him to a private hospital for the purpose of first aid. The name of the doctor, who examined and treated the deceased, while he was in police custody has not come on record. He further submits that the death occurred in the police custody.

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On the other hand, the learned State counsel informs that out of fifteen accused, five are yet to be arrested. Therefore, he prays for dismissal of the bail petitions.

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Heard and perused.

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From the perusal of the case file, it emerges that the petitioners have actively participated in the crime. Five accused are yet to be arrested. Keeping in view the nature and the gravity of the offence and the fact that the co-accused are fleeing from justice, this Court is not inclined to grant any discretionary relief to the petitioners at this stage. Dismissed.

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However, the learned State counsel in the absence of the Investigating Officer has been rendered incapacitated to categorically state as to who treated the deceased and his health condition while he was

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CRM No.M 34563 of 2012 3 CRM No.M 36383 of 2012 CRM No.M 36801 of 2012

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remained in police custody. The circumstances, as to how the death occurred at 4 AM when the victim had already been handed over to the police at 11.30 PM have also not been explained. Superintendent of Police, Jhajjar is directed to inquire into the matter and file a detailed report within three weeks from today.

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Copy of the order be given dasti to the learned State counsel under the signatures of the Special Secretary of this Bench.

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1.12.2012 (JITENDRA CHAUHAN) gsv JUDGE

Gyani Ram v. State of Haryana

Case brief

What is this about?

What did the court decide?

Gyani Ram v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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