Single judge dismissed the bail application of petitioner Deepak Kumar, holding that no case was made out for his release considering the gravity of charges and criminal history.
Bail application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Crl. Misc. No. M-4601 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: 30 August, 2012 Crl. Misc. No. M-4601 of 2012
Deepak Kumar
…Petitioner
Versus
State of Punjab
…Respondent
CORAM: HON’BLE MS. JUSTICE RITU BAHRI
Present: Mr. M.S. Uppal, Advocate for the petitioner.
Ms. Gagan Mohini, AAG, Punjab.
Mr. H.P.S. Ishar, Advocate for the complainant
RITU BAHRI, J. (Oral)
The petitioner has sought regular bail in case FIR No. 245 dated
04.12.2009 under Sections 302, 307, 341, 323, 148 and 149 IPC, Police Station City Mansa, Tehsil & District Mansa.
Vide order dated 12.07.2011, Additional Sessions Judge, Mansa
has rejected the bail application of the petitioner.
On notice, a detailed reply has been filed by Sub Inspector, P.S.
City Mansa, stating that the FIR was registered with the allegation Som Nath
@ Mota, Kuku sons of Ram Kumar Turkia along with three unidentified
persons inflicted injuries to Narinder Kumar @ Laddu. In this background
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Crl. Misc. No. M-4601 of 2012
FIR was registered. Subsequently, 302 was added later on as Narinder Kumar died due to aforesaid injuries.
Accused Deepak Kumar @ Mota surrendered on 26.12.2009
and he was sent to judicial custody till 28.12.2009 for getting the identification parade. The accused made his statement that he is ready for the same and the Court passed an order for conducting the identification parade of the accused as per rules. Thereafter identification parade was done on 08.01.2010.
During police remand on 09.01.2010, Surinder Singh Sodhi, retired teacher where Deepak Kumar @ Mota used to study, brought the school photographs from where it was found that the person who himself posed as Deepak Kumar @ Mota was Som Lal. On 11.01.2010, the Police made an application for remand of Som Lal. Thereafter on 15.01.2010, the person who appeared as Deepak Kumar was produced in the Court titled as Som Lal @ Mota son of Ram Kumar Turkia and accused who alleged himself as Deepak Kumar, his police remand was granted till 19.01.2010. FIR No. 81 dated 14.05.2011, under Sections 419 and 420 was registered against Som Lal @ Mota son of Ram Kumar Turkia for impersonation /impostor and cheating (R-14/T). Thereafter, sixth accused in the main FIR, namely, Deepak Kumar was arrested on 09.11.2010. He was declared proclaimed offender vide order dated 21.08.2010 and he was arrested on the information of Rakesh Kumar. He was produced in the Court on 10.11.2010. Accused Deepak Kumar is facing trial in the following FIR:
“A. FIR No. 59 dated 09.03.2008, u/s 307, 148, 149 IPC,
P.S. City Mansa.
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Crl. Misc. No. M-4601 of 2012
B. FIR No. 102 dated 10.05.2008, u/s 307, 323, 341, 148 and 149 IPC, P.S. City Mansa.
C. FIR No. 225, dated 19.11.2008, u/s 364, 324, 323, 342, 148 and 149 IPC, P.S. City Mansa.”
Accused Som Lal had appeared on 23.092010 tried to escape from the judicial custody when he was produced before the Court in case FIR No. 245 dated 14.12.2009, under Sections 14.12.2009 under Sections 304, 341, 323, 148, 149 IPC, P.S. City Mansa. Thereafter, a case FIR No. 229 dated 23.09.2010, under Section 224 IPC, P.S. City Mansa was registered against him. On 03.08.2011, he succeeded in escaping from judicial custody and on 10.01.2008, an FIR No. 10, under Sections 323 and 324 IPC, P.S. City Mansa.
Accordingly, no case is made out for grant of regular bail.
Dismissed.
(RITU BAHRI)
August, 30 2012 Atul
2 issues framed by the court
Whether regular bail should be granted to the petitioner in the present circumstances.
Whether the claims regarding impostors and escaped co-accused affect the grant of bail.
Deepak Kumar
State of Punjab
RITU BAHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
