The Court granted regular bail to the petitioner in a case involving murder and affray, noting that a co-accused had already been released and finding no reason for continued detention without commenting on merits.
Petitioner released on regular bail subject to furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court.
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-7210-2019 (O & M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
212
CRM-M-7210-2019 (O & M) Date of Decision:26.03.2019
Bala ...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ
Present: Mr. Rakesh Kumar Lathwal, Advocate for the petitioner.
Mr. Sukhdeep Parmar, DAG, Haryana. ***
MANOJ BAJAJ, J.(ORAL)
Petitioner-Bala has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.300 dated 15.06.2018, under Sections 148, 149, 323, 325, 506, 302 and 120-B of the Indian Penal Code ('IPC' – for short) registered at Police Station Ganaur, District Sonipat.
The FIR was registered on the statement of injured Ishwar Singh son of Rupla with the allegations that he along with his brother owns a plot of 100 square yards at Village Lalhari Kalan, wherein the brothers have equal shares. On the back side of this plot Ramphal and Manjit son of Chand Singh purchased the plot and they tried to encroach upon the plot of the complainant. The dispute arose between them. On 13.6.2018, Manjit along with his companions had demolished the wall of the plot belonging to complainant. A complaint was also given on 14.6.2018. The police had reached the spot. It is alleged by the complainant that later on Balram
Sheetal Gawri 2019.03.28 14:42 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-7210-2019 (O & M) -2-
caught hold of his brother from back side and Manjit caught hold his both hands. Ramniwas exhorted and attacked by giving a rod blow on the head of Rajender. The other assailants also threw bricks upon the complainant and other injured persons. It is further narrated that as a result of this occurrence, Rajender, complainant Ishwar Singh and Jagdish suffered injuries. Rajender succumbed to the injuries on the next day i.e. 15.6.2018.
Learned counsel for the petitioner contends that though the petitioner is named in the FIR along with various other assailants, however, the supplementary statement was got recorded by the complainant, whereby 10 persons were exonerated. It is pointed out that challan already stands filed against 10 accused persons. According to the prosecution, the fatal injury was caused by Ram Niwas, who had inflicted a rod blow on Rajender (deceased). Learned counsel for the petitioner claims parity with the coaccused namely Roshni Devi, who has been granted concession of regular bail by this Court vide order dated 23.01.2019 passed in CRM-M-555502018.
On the other hand, learned State counsel has opposed the bail application on the ground that the offence is of grave nature. It is not disputed by learned State counsel that the only allegation against the petitioner-Bala is that she had pelted stones along with other accused persons.
Considering the above background and the fact that the coaccused Roshni Devi has been granted bail, this Court does not find any reason to further detain the petitioner in custody during the pendency of the trial. Therefore, without meaning any expression on the merits of the case,
Sheetal Gawri 2019.03.28 14:42 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-7210-2019 (O & M)
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the petition is allowed and the petitioner is ordered to be released on regular bail subject to her furnishing requisite bail bonds/surety bonds to the
satisfaction of the trial Court concerned.
The petition is allowed.
| 26.03.2019 | (MANOJ BAJAJ) | |
|---|---|---|
| sheetal | JUDGE | |
| Whether Speaking/Reasoned: | Yes/No | |
| Whether Reportable : |
Yes/No |
Sheetal Gawri 2019.03.28 14:42 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the petitioner should be released on regular bail considering parity with a co-accused who has already been granted bail.
Colour shows how this judgement treated each authority
CRM-M-555502018Referred¶19
1 provisions across 1 enactments
Bala
State of Haryana
Manoj Bajaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
