Petitioner sought regular bail in a murder and criminal conspiracy case. Despite prosecution指望 trial completion, the High Court noted vague allegations and pending witnessing under Cr.P.C. 311, granting bail on personal bond.
Petitioner granted regular bail on personal bond of Rs.50,000/- with one surety in like amount.
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.
Crl. Misc. No.M-36617 of 2012(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.Misc.No.M- 36617 of 2012 Date of decision : 11.01.2013
Mohan Singh
..... Petitioner
versus
State of Punjab
...Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present: Mr. R.S. Rai, Sr. Advocate with Mr. Varinder Pal Brar, Advocate for the petitioner.
Ms. Anmol Grewal, AAG, Punjab for the State.
VIJENDER SINGH MALIK , J(ORAL)
Mohan Singh, the petitioner has sought regular bail
in a case registered by way of FIR No. 159 dated 07.11.2011 at Police Station Kurali, District Ropar, for an offence punishable under sections 302 and 120-B read with section 34 IPC.
Crl. Misc. No.M-36617 of 2012(O&M) 2
Learned senior counsel for the petitioner submits that the allegations in the FIR are that on 06.11.2011 Parminder
Kaur, deceased made a telephone call to her mother telling her that she has been troubled by her husband and others including the petitioner. The petitioner is jeth of the deceased. He further submits that Parminder Kaur died due to overdose of sleeping pills as is the opinion of Chemical Examiner. He further submits that the petitioner is in custody since 08.11.2011. According to him, there is no case made out in the FIR against the petitioner. He further submits that the material witnesses stand examined in this case and there is no apprehension on the part of the prosecution about the petitioner tampering with the evidence.
Learned State counsel, on the other hand, submits that the trial is likely to be over because out of 11 witnesses cited by the prosecution at the trial, 10 witnesses have already been examined. According to her, the allegations against the petitioner are specific and bail should not be granted to him.
It has come before me that though only investigating officer is left to be examined at the trial, yet the prosecution has applied under section 311 Cr.P.C. for examining three more witnesses and the said application is pending adjudication before the trial court. It is to be decided by the trial court as to what was the role of the petitioner in the occurrence. The allegations
Crl. Misc. No.M-36617 of 2012(O&M) 3
definitely are vague because the only information of Parminder Kaur passed on to her mother was that the petitioner alongwith others had been troubling her. What was that trouble, was not specifically stated.
In these circumstances, without commenting on the merits of the case, I find the petitioner to be entitled to bail. Hence the petition is allowed. The petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned trial court.
January 11, 2013 (VIJENDER SINGH MALIK) dinesh JUDGE
3 issues framed by the court
Whether the petitioner is entitled to regular bail given vague allegations and pending examination of witnesses.
Whether specific facts were made out against the jeth in the charge of murder under sections 302 and 120-B IPC.
What conditions of bail should be imposed on the petitioner.
1 provisions across 1 enactments
Mohan Singh
State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
