High Court allowed bail to an accused in a murder case. The court noted the investigation was complete, witnesses were absent, and the accused had been in custody for over two years. Relief was granted considering family hardships.
Petitioner released on bail by furnishing bonds and 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-13584-2023 (O&M) 2023:PHHC:114792
205
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-13584-2023 (O&M) Date of decision:01.09.2023
Afroj ….Petitioner
Versus
State of Haryana ….Respondent
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. Rajesh Bansal, Advocate for the petitioner.
Mr. Vikas Bhardwaj, AAG, Haryana.
ARUN MONGA, J. (ORAL)
After being declined bail by the trial Court, petitioner before this Court seeks his release as an undertrial a case bearing FIR No.0166dated 13.03.2021, registered under Section 302 of IPC at Police Station, Chandni Bagh, District Panipat. 2. Per prosecution version, Rakesh (complainant), a resident of Nalwa Colony, Panipat, stated that his brother was killed on 13.03.2019 and his body was lying in Civil Hospital, Panipat. He went there and identified his brother's body, which displayed injuries on his head and body. He suspected that some unknown persons would have killed his brother by inflicting injuries and sought legal action against the culprits. On this complaint, an FIR under Section 302 IPC was lodged at Chandni Bagh, Police Station, Panipat. ASI Subhash conducted the investigation. Postmortem was also conducted. Statements of witnesses were recorded. Petitioner Afroj was arrested as a suspect on 15.03.2021 and he is in custody ever since. Petitioner was interrogated by the police. In pursuance of his disclosure statement, allegedly a piece of blood stained brick was recovered which was sealed and seized by the police.
scene together assumption. Basis thereof is statement of one Jony son of Mangat Ram, VANDANA 2023.09.02 13:05 I attest to the accuracy and integrity of this document Page 1 of 4
CRM-M-13584-2023 (O&M) 2023:PHHC:114792
who stated that he saw the petitioner together with deceased Mukesh on 12.03.2021 at about 9.30 p.m. Except this, there is no other evidence against the petitioner. There is no eye witness of the occurrence. Petitioner is not involved in any other case.
3.1 He further submits petitioner is not required for further custodial interrogation. There is no likelihood of petitioner tampering with evidence and/ or influencing prosecution witnesses. Petitioner is totally innocent and has thus been falsely implicated in the case. He submits that out of 19 prosecution witnesses, only two have been examined till date. Trial will take some time to conclude as it is proceeding at a snail pace. He submits that PWs are not appearing despite court summons. He points out to an order dated 07.08.2023 passed by learned trial Court whereby remaining PWs have been summoned through bailable warrants.
“One PW Rakesh is present, but after some time he fled away from the Court. Case called repeatedly since morning, but PW Rakesh has not put his appearance before this Court. No other PW is present and examined. Bailable warrant of PWs Roshan, Vivek and Sonia received back with the report of second service. Let the case is adjourned to 18.09.2023 for evidence of the prosecution. Let PWs Rakesh, Roshan, Vivek and Sonia be summoned through bailable warrant in sum of Rs.5000/- with one surety in the like amount and PWs
VANDANA 2023.09.02 13:05 I attest to the accuracy and integrity of this document
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CRM-M-13584-2023 (O&M) 2023:PHHC:114792
Sonia, Roshan and Rakesh be again summoned through bailable warrant in sum of Rs.25,000/- each with one surety in the like amount for the date fixed. Remaining PWs be also summoned accordingly for the date fixed. Bailable warrants be sent through Superintendent of Police, Panipat, as the case is listed in the list of Action plan for the year 2023-24. Accused in custody be also produced before the Court on the date fixed. Jail authority be informed accordingly.”
VANDANA 2023.09.02 13:05 I attest to the accuracy and integrity of this document
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CRM-M-13584-2023 (O&M) 2023:PHHC:114792
01.09.2023 vandana
( ARUN MONGA ) JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
VANDANA 2023.09.02 13:05 I attest to the accuracy and integrity of this document
Page 4 of 4
2 issues framed by the court
Whether the petitioner qualifies for bail having been detained since 15.03.2021 in a murder case where investigation is complete and witnesses are absent.
Whether further preventive custody serves any useful purpose when the accused is a bread earner facing family penury with clean antecedents.
Afroj
State of Haryana
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
