Judge allowed a regular bail application filed by Sarwan Kumar in a murder case. The court granted bail noting no strong case against him and no likelihood of absconding.
Bail allowed to the satisfaction of the CJM/Duty Magistrate, Kaithal.
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-37915 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 37915 of 2012(O&M) Date of Decision: May 8, 2013.
Sarwan Kumar
...... PETITIONER(s)
Versus
State of Haryana
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Baljinder Singh Virk, Advocate, for the petitioner.
Mr. Shekhar Mudgal, AAG, Haryana.
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. 108 dated 07.07.2011, under Sections 302/148/149/216/483/120B IPC, registered at police station Rajound, District Kaithal.
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, Kaithal dismissing bail application filed on behalf of the petitioner.
CRM No.M-37915 of 2012
2
It has been contended by learned counsel for petitioner-accused that his name has not been mentioned in the FIR. It is further contended that name of petitioner-accused has not been mentioned even in the statement of eye-witness, namely, Surya Veer. It is further submitted that he was not even present at the time of alleged occurrence at the liquor vend where co-accused allegedly hatched conspiracy. It is further submitted that he has been continuing in custody since 27.11.2011 and that however, trial is not likely to be concluded in near future.
The factual position has not been disputed by learned counsel for the State, on instruction from ASI Subhash Chander. He has stated that there is no other evidence against petitioner-accused except his confession made before the police.
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 Sarwan Kumar is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Kaithal.
( RAM CHAND GUPTA ) JUDGE
May 8, 2013. ‘om’
1 issue framed by the court
Whether to grant regular bail to the petitioner accused in a murder case.
1 provisions across 1 enactments
Sarwan Kumar
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
