The High Court allowed the regular bail application of the petitioner-accused in a murder case. The court noted the reliance on a single weak prosecution witness and lack of evidence to abscond, granting bail on bail bond conditions.
Petitioner-accused is granted regular bail to surrender before the CJM/Duty Magistrate, Moga.
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.
CRM No.M-20500 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 20500 of 2013(O&M) Date of Decision: October 29, 2013.
Rampal @Pohli
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Sukhdeep Singh Bhinder, Advocate, for the petitioner.
Mr. Deepak Garg, AAG, Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no. 147 dated 29.10.2011, under Section 302 IPC, registered at police station City South Moga, District Moga.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Moga dismissing bail application filed on behalf of the petitioner.
It has been contended by learned counsel for petitioner-accused
Singh Omkar 2013.10.30 10:38 I attest to the accuracy and integrity of this document High Court, Chandigarh
CRM No.M-20500 of 2013
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that it is a case of circumstantial evidence and that main witness, namely, PW5 Surjit Kaur before whom petitioner-accused allegedly made extra judicial confession regarding committing murder of Suresh Kumar, has not supported the prosecution version. It is further contended that he has been continuing in custody since 15.03.2012 and that trial is not likely to be concluded in near future.
This factual position has not been disputed by learned counsel for the State.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Rampal @Pohli is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Moga.
October 29, 2013. ‘om’
( RAM CHAND GUPTA ) JUDGE
Singh Omkar 2013.10.30 10:38 I attest to the accuracy and integrity of this document High Court, Chandigarh
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a murder case based on weak prosecution witness version and lack of danger of absconding.
1 provisions across 1 enactments
Rampal @ Pohli
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
