Single judge oral order granting regular bail to the petitioner in a murder case. The court allowed the bail petition subject to standard conditions and follows strict adherence of court orders.
Petitioner released on regular bail on furnishing bond and surety, subject to conditions of CrPC 437(3), appearance in court, and no leaving the country.
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-7214-2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-7214 of 2017 (O&M) Date of Decision: March 10, 2017.
Rishi @ Baggu
..........PETITIONER(s).
VERSUS
State of Punjab
........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Parshant Vashisth, Advocate for the petitioner (s).
Ms. Bhavna Gupta, D.A.G., Punjab.
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. 252 dated 26.11.2015 registered for the offences punishable under Section 302 read with Section 34 of Indian Penal Code, at Police Station Division No.5, Ludhiana.
Heard.
Notice of motion.
On asking of the court, Ms. Bhavna Gupta, DAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.
As per case of the prosecution, deceased Loverattan was having
Sachin Mehta 2017.03.14 12:49 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
CRM-M-7214-2017
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love affair with Jyoti, whose marriage was fixed for 26.11.2015. On 25.11.2015, there was Sangeet ceremony in the house of Jyoti, where the deceased accompanied by 5-6 persons intruded and caused injuries to Jyoti by giving an iron rod blow on her head. Petitioner snatched the iron rod from the hands of deceased and gave blow on his head, which proved fatal and he died.
Learned State counsel submits that there were fourteen injuries on the person of the deceased and most of the injuries were on the vital parts. Instead of over-powering the deceased, who had intruded the house of Jyoti, petitioner and other persons present there caused severe injuries to the deceased and the petitioner is the main accused, whose injury proved fatal.
Occurrence in this case has taken place in the house of Jyoti, whom the deceased had caused injury. Petitioner, who was present there, snatched iron rod and gave blow to the deceased with same iron rod. As to whether injuries were caused to deceased to save Jyoti or petitioner exceeded right of self defence is to be seen and decided by the trial Court on the basis of evidence on record.
Keeping in view the fact that the deceased had gone to the house of Jyoti where the occurrence took place and he had first caused the injury on the person of Jyoti, but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Rishi @ Baggu is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
Sachin Mehta 2017.03.14 12:49 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
CRM-M-7214-2017
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March 10, 2017 Sachin M.
( SURINDER GUPTA ) JUDGE
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
Sachin Mehta 2017.03.14 12:49 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. in a murder case involving alleged self-defence elements.
1 provisions across 1 enactments
Rishi @ Baggu
State of Punjab
SURINDER GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
