Petitioner seeking bail in Section 306 IPC case. Court allowed bail as prosecution witnesses examined and case not sufficiently made out, subject to bond and undertaking.
Petitioner released on bail subject to furnishing bond of Rs. 2,00,000 with two sureties and undertaking not to influence witnesses.
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.
1
CRM-M-15974-2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-15974-2014 (O&M) Date of Decision: September 1, 2014
Rajnesh Kumar
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr. Sanjeev Manrai, Senior Advocate, with Mr. Rajinder Singh Rana, Advocate, for the petitioner.
Mr. Shilesh Gupta, Addl. AG, Punjab, for the respondent.
NARESH KUMAR SANGHI, J. (Oral)
PRASHANT KAPOOR 2014.09.01 16:19 I attest to the accuracy of this order.
CRM-M-15974-2014 (O&M) 2
the whole case of the prosecution is taken at its face value, then also the ingredients of Section 306, IPC, are not attracted qua the petitioner. He further argued that all the material prosecution witnesses including two children and the complainant had already been examined, therefore, the petitioner would not be in a position to exert influence on the prosecution witnesses. It has also been contended that the petitioner is behind the bars from 21.5.2012 and even after lapse of two years and more than three months after the arrest of the petitioner, the prosecution has not been able to lead its entire evidence.
PRASHANT KAPOOR 2014.09.01 16:19 I attest to the accuracy of this order.
CRM-M-15974-2014 (O&M)
3
approximately four months. The material witnesses have already been examined and, therefore, the petitioner would not be in a position to put his influence to depose in his favour. In spite of affording several opportunities, the prosecution has not been able to lead its entire evidence. It is still a moot point as to whether Section 306, IPC, would be attracted in the present case.
September 1, 2014 Pkapoor
(NARESH KUMAR SANGHI) JUDGE
PRASHANT KAPOOR 2014.09.01 16:19 I attest to the accuracy of this order.
3 issues framed by the court
Whether bail should be granted to the petitioner in a offence of instigation to suicide under Section 306 IPC.
Whether the prosecution case against the petitioner is sufficiently made out to deny bail.
Whether the conditions of bail can be imposed to prevent interference with witnesses.
Rajesh Kumar
State of Punjab
NARSH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
