Petitioner sought regular bail under Section 439 Cr.P.C. in a murder case. The court noted the trial was complete and prosecution evidence closed. Granting regular bail at this stage would require taking matters on merit, which the court declined.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-1701 of 2018 (O&M) Date of Decision: July 06, 2018
Dheeraj
...Petitioner
VERSUS
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Manoj K. Sood, 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.366 dated 11.07.2017 under Sections 302 and 201 IPC, registered at Police Station Kotwali, District Faridabad.
Notice of motion was issued. Learned State counsel appeared 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 in the present case, trial is already complete and prosecution has already closed the evidence. Learned counsel for the petitioner argued that material witness have turned hostile.
As the trial is already complete, the petitioner can argue the
Vineet Gulati 2018.07.10 12:00 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-1701 of 2018
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case before the trial Court and can take this plea on merit. At this stage, with the evidence of two witnesses and in the absence of other evidence which has been produced by the prosecution on the record, this Court cannot reach to any conclusion.
As already discussed that the trial is already complete, I do not
find any ground to grant regular bail to the petitioner.
Therefore, present petition stands dismissed.
July 06, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No
Vineet Gulati 2018.07.10 12:00 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether bail can be granted in a case where the trial is already complete and prosecution evidence is closed.
1 provisions across 1 enactments
Dheeraj
State of Haryana
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
