In a murder conspiracy case, the High Court of Punjab and Haryana rejected the petitioner's second bail application, holding that his complicity attracted no grounds for bail release at the current stage of the trial.
Bail application dismissed; no bail granted to the petitioner.
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.
1
CRM-M No.10284 of 2022(O&M)
235
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.10284 of 2022(O&M) Date of Decision: 01.04.2022
Jagbir @ Sonu
......Petitioner
Vs
State of Haryana
.....Respondent
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. R.S. Saroha, Advocate for the petitioner.
Ms. Safia Gupta, AAG, Haryana.
Mr. Wazir Singh, Advocate for the complainant.
RAJ MOHAN SINGH, J. (Oral)
Petitioner seeks grant of regular bail under Section 439 Cr.P.C in his second attempt in case bearing FIR No.226 dated 25.08.2018 registered under Sections 302/34 and 120-B IPC at Police Station Julana, Tehsil and District Jind.
Earlier CRM-M No.15225 of 2020 was got dismissed as withdrawn on 12.10.2020.
The FIR was registered at the instance of complainant Balwan with the allegations that his nephew Ankit was
PRINCE SAINI 2022.04.01 16:40 I attest to the accuracy and integrity of this document
2
CRM-M No.10284 of 2022(O&M)
murdered. Ankit had made a telephonic call on 24.08.2018 on the mobile of one Krishan in respect of beatings given to him by four persons. On being asked by Krishan, Ankit could not tell the names of those accused persons and thereafter, his mobile was disconnected. A suspicion arose that Ankit must have been killed by Surjeet, Mahabir and other two unknown persons. Ankit was learning driving of JCB machine with Surjeet. Mahabir was the owner of JCB machine. The allegations are against the petitioner and Surjeet that they along with others hatched a criminal conspiracy to commit murder of Ankit.
As per disclosure statements of Surjeet and the petitioner, Surjeet gave fist blows on the nose and mouth of Ankit. Petitioner gave kick blows on his private part. Thereafter, Ankit fell down and the petitioner and Surjit caught hold of Ankit from his hairs and struck his head repeatedly on the metalled road. As a result of injuries, Ankit fell unconscious and thereafter, they dragged Ankit into the fields and pressed his mouth in the muddy water standing in the fields and kept his mouth in the muddy water till his death. First disclosure statement of the petitioner was recorded on 27.08.2018 and names of Rajbir @ monu and Mahabir came to fore. Though Rajbir @ Monu and Mahabir have been granted bail by this Court on prima facie consideration of their cases being based
PRINCE SAINI 2022.04.01 16:40 I attest to the accuracy and integrity of this document
3
CRM-M No.10284 of 2022(O&M)
on conspiracy. The trial is still going on.
Keeping in view the complicity of the petitioner, no
ground is made out to grant bail to the petitioner at this stage.
Dismissed.
| (RAJ | MOHAN SINGH) | ||
|---|---|---|---|
| 01.04. | 2022 |
JUDGE | |
| Prince | |||
| Whether speaking/reasoned | Yes/No | ||
| Whether reportable | Yes/No |
PRINCE SAINI 2022.04.01 16:40 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 murder conspiracy case.
1 provisions across 1 enactments
Jagbir @ Sonu
State of Haryana
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
