The High Court allowed a bail application under Section 439 Cr.P.C. for the petitioner accused of murder, ordering his release on bail pending trial without expressing an opinion on the merit of the case.
Petitioner ordered to be released on bail pending trial on furnishing adequate bail bonds and surety bonds.
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-36012-2018
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-36012-2018 (O&M)
Date of decision: 08.02.2019
Jaibir
..... Petitioner
Versus
State of Haryana
..... Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
PRESENT: Mr. Akashdeep Singh, Advocate for the petitioner.
Mr. Munish Sharma, AAG, Haryana.
RAMENDRA JAIN, J. (ORAL)
CRM-35297-2018
Application is allowed as prayed for.
Documents Annexures P-9 to P-11 filed along with the application are taken on record, subject to all just exceptions. Be tagged at the appropriate place.
CRM-M-36012-2018
Through this petition under Section 439 Cr.P.C., prayer has been made for grant of regular bail to petitioner-Jaibir, in case FIR No. 310 dated 17.08.2017 (Annexure P-1) registered under Sections 302, 325, 323, 341, 147, 149 and 506 IPC at Police Station Tosham, District Bhiwani.
The petitioner is facing trial in the aforesaid FIR
RISHU KATARIA 2019.02.11 11:21 I attest to the accuracy and integrity of this document
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CRM-M-36012-2018
(Annexure P-1) for committing the murder of Jagdish, along with his four more companions.
Learned counsel inter alia contends that injury attributed to the petitioner is on the hip of deceased, which is not shown in the MLR. Material witnesses have already been examined. Petitioner is in custody since 24.10.2017. Conclusion of trial may take sufficient long time. No useful purpose would be served by detaining him in jail.
On the other hand, learned State counsel vehemently opposed the submissions of learned counsel for the petitioner.
Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner-Jaibir, is ordered to be released on bail pending trial, on his furnishing adequate bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.
February 08, 2019 ( RAMENDRA JAIN ) rishu JUDGE
Whether speaking/reasoned Yes/No Whether reportable Yes/No
RISHU KATARIA 2019.02.11 11:21 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in a case involving murder charges.
1 provisions across 1 enactments
Jaibir
State of Haryana
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
