Single judge dismissed a petition under Section 439 CrPC seeking regular bail. The court held that despite one co-accused being released, the petitioner as the main accused in a murder case deserved no equity.
Regular bail denied; trial directed to be disposed of within six months.
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-M-2812 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-2812 of 2017 Date of Decision: 08.03.2017
Manoj @ Monu ....Petitioner
VERSUS
State of Haryana ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Lekh Raj Nandal, Advocate for the petitioner.
Mr. Vikramjit Singh, Addl. A.G., Haryana.
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 140 dated 21.03.2014 registered for offences punishable under Sections 302, 34, 216 read with Section 120-B of Indian Penal Code (for short, “IPC”) and 25 of the Arms Act, at Police Station Kharkhoda, Sonepat. Heard.
Learned counsel for petitioner seeks regular bail for petitionerManoj @ Monu with the plea that his co-accused Sombir @ Sonu has been ordered to be released on bail as per order dated 01.08.2016 passed by this Court in CRM-M-25149 of 2016.
As per case of prosecution, a scuffle took place between Surender and Manoj @ Monu (petitioner) and others while they were playing cards. On 20.03.2014, when complainant alongwith her son Surender and husband's sister Saroj, was going towards Gaushala , Sombir @ Sonu and petitioner-Manoj @ Monu met them. Petitioner took out his Jitender Kumar 2017.03.08 16:27 I attest to the accuracy and integrity of this document CHANDIGARH
CRM-M-2812 of 2017 -2-
pistol and Surender ran towards house of Ballu to save himself but he was caught by Sombir @ Sonu. Petitioner-Manoj @ Monu fired shot at Surender resulting in his death.
It is not a case of parity with co-accused Sombir @ Sonu. Petitioner is the main accused in this case.
It has been submitted by learned State counsel that 8 witnesses out of 21 have been examined. Complainant has also been examined and the case is now fixed for 09.03.2017 for remaining prosecution evidence.
Keeping in view the role of petitioner-Manoj @ Monu, I find no reason to extend the benefit of regular bail to him, as such, the instant petition is dismissed.
Trial Court is, however, directed to expedite trial of the case and dispose of the same preferably within a period of six months.
March 08, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
Jitender Kumar 2017.03.08 16:27 I attest to the accuracy and integrity of this document CHANDIGARH
2 issues framed by the court
Whether regular bail may be granted to the petitioner given his role as the main accused in a murder case.
Whether the equality of treatment with an acquitted co-accused is relevant in this context.
1 provisions across 1 enactments
Manoj @ Monu
State of Haryana
Surinder Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
