Petitioner applied for regular bail under Section 439 Cr.P.C. in a murder case involving the killing of a child. The High Court dismissed the petition, holding it not a fit case for bail due to the nature and gravity of the offence.
Bail application dismissed as not a fit case for regular bail.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-10024 of 2017 (O&M) Date of Decision: March 29, 2017
Raj Bala
...Petitioner
VERSUS
The State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Rajat Gautam, Advocate for the petitioner.
Mr.B.S.Virk, Deputy Advocate General, Haryana for the respondent-State.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.70 dated 01.02.2016 under Sections 302, 201, 364, 120-B and 34 IPC, registered at Police Station City Sirsa.
Notice of motion.
Learned State counsel has put in appearance of behalf of the respondent-State and contested the petition.
I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.
From the record, I find that as per the allegations Kabir @ Tali aged about 6-7 years, went out of the house on 31.01.2016 at around 7.007.30 p.m. but he could not be found thereafter. On 01.02.2016, when they
Vineet Gulati 2017.04.03 16:42 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-10024 of 2017 -2-
were searching him, then complainant and his elder brother found that 2-3 dogs were tearing something and found the semi burnt body of child (Kabir). During investigation, it was found that due to conspiracy of the present petitioner, son the present petitioner along with co-accused murdered the child.
At the time of arguments, learned State counsel contended that another son of present petitioner has committed suicide earlier to the occurrence and accused were feeling that he was harassed by the complainant due to which he committed suicide.
Keeping in view the facts and circumstances of the present case and in view of the nature and gravity of the offence, I do not find it a fit case where petitioner is entitled to benefit of regular bail.
Therefore, finding no merit in the present petition, the same is
dismissed.
March 29, 2017 (INDERJIT SINGH) Vgulati JUDGE
Whether speaking/reasoned Yes Whether reportable No
Vineet Gulati 2017.04.03 16:42 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is entitled to regular bail considering the gravity of the murder charges.
1 provisions across 1 enactments
Raj Bala
The State of Haryana
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
