Single judge allowed bail petition for a juvenile accused named via disclosure statement. Court set aside lower court orders and ordered release given prolonged detention and pending trial.
Impugned orders set aside; petitioner ordered to be released on bail with bonds/surety and surrender of passport to satisfaction of 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.
In The High Court for the States of Punjab and Haryana At Chandigarh
CRR-217-2021 (O&M) Date of Decision:- 5.3.2021
Subham … Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Ajit Sihag, Advocate, for the petitioner.
Mr. Ramesh Kumar Ambavta, AAG, Haryana, assisted by SI Radheshyam. (Proceedings conducted through video conferencing)
GURVINDER SINGH GILL, J . (Oral)
MOHAN SINGH 2021.03.05 18:05 I attest to the accuracy and integrity of this document
- 2 - CRR-217-2021 (O&M)
has been alleged that his younger son Anuj aged 23 years was into business of spare parts of Bullet motorcycle along with his friend Amit. On 20.6.2020 when the complainant went to Bhiwani for purchasing some articles and at about 5.30 pm. when he reached near the shop of his son Anuj, then he heard sound of gunshot bullets in the shop of his son. He immediately rushed in front of his shop and saw that four young boys who were having their faces covered and were carrying weapons, were running away towards Vidya Nagar Gali after firing blindly at his son. The complainant’s son had been shot at on his mouth, arms, shoulder, ear, cheek, chest and abdomen. The complainant’s son died on account of the said injuries.
MOHAN SINGH 2021.03.05 18:05 I attest to the accuracy and integrity of this document
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petitioner had also conspired and helped in the commission of the murder in question. Learned State counsel has further submitted that during the course of investigation it had surfaced that the petitioner was a loofer kind of person and did not enjoy good reputation and as such does not deserve the concession of bail.
MOHAN SINGH 2021.03.05 18:05 I attest to the accuracy and integrity of this document
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petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned, and subject to his surrendering passport to Court at the time of furnishing bail bonds.
| March 5 mohan |
, 2021 | (GURVIN | DER SINGH GILL) JUDGE |
|---|---|---|---|
| Whether speaking /reasoned | Yes / No | ||
| Whether Reportable | Yes / No |
MOHAN SINGH 2021.03.05 18:05 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether bail should be granted to a juvenile accused who is unnamed in the FIR but nominated via a disclosure statement after seven months of detention pending charges.
Whether recording supplementary statements as a co-accused discloses sufficient prejudice against the juvenile to deny bail.
Subham
State of Haryana
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
