This judgment denies a petition for regular bail filed by the petitioner charged with murder and offences under the Arms Act. The court rejected the application citing the serious nature of the offence and the petitioner's criminal antecedents.
Petition for regular bail under Section 439 CrPC was dismissed.
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.
2023: PHHC: 153578
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-42961-2023 (O&M) Reserved on: 30.11.2023 Pronounced on:���.12.2023
RAVI @ JANGLI
. . . . Petitioner Vs.
State of Haryana
. . . . Respondent ****
CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA
****
Present: - Mr. Rakesh Dhiman, Advocate, for the petitioner.
Mr. Sumit Jain, Addl. A.G., Haryana.
Mr. Mohit Kakkar, Advocate, for the complainant.
DEEPAK GUPTA, J.
By way of this petition filed under Section 439 CrPC, petitioner prays for grant of regular bail in case FIR No.81 dated 28.03.2021 registered at Police Station Dujana, District Jhajjar under Section 302/34 IPC and Section 25 of the Arms Act, 1959.
No.106 dated 15.06.2020 was got registered in Police Station Dujana, in which Mukhtyar was arrested, though his son Sanjay was not arrested. Due
VIVEK PAHWA 2023.12.02 15:50 I attest to the accuracy and integrity of this document
CRM-M-42961-2023
2023: PHHC: 153578
to sustaining injuries, they (complainant side) were unable to do the agricultural work. For this reason, his other son Anil had gone for doing the agricultural work and during that period Mukhtyar and Sanjay etc. quarrelled and threatened him. Anil had made a complaint in the police Station in this regard. Vijay Singh disclosed further that on 28.03.2021, his son Anil had gone from home for getting his motorcycle repaired; whereas he (complainant) being sick was going to Dhankhar Hospital, Dujana for taking medicine. Before he reached the hospital, he heard the noise of ‘got killed’ ‘save me’. He went in front of the vacant place of CMM School and saw three armed persons firing shots at head and face of his son. He recognised one of them to be as Sanjay @ Bhola and upon raising noise by him, the assailants fled away. Anil died at the spot. Vijay Singh disclosed further that he had suspicion that apart from Sanjay and his accomplices, Ranjeet s/o Mahavir, Manjeet s/o Mahavir and Yudhvir s/o of Raju, residents of Dujana had hand in killing of his son.
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they were exonerated. Final report under Section 173 CrPC qua the petitioner was submitted in the Court on 29.06.2021.
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planted upon the petitioner in this case; that no material/incriminating evidence to connect the petitioner with the alleged crime has been collected; that only role assigned to the petitioner is that he was sitting on the motorcycle, when co-accused were firing on the son of the complainant; that petitioner is in custody since 03.04.2021; that trial may take long time to conclude and so, in all these circumstances, he be allowed bail. Ld. counsel for the petitioner further submits that petitioner has been identified for the first time in the Court by complainant-Vijay Singh, which has no evidentiary value. Petitioner has also given a list of six cases in which is involved.
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2023: PHHC: 153578
without commenting anything further on merits of the case, this Court is not inclined to grant regular bail to the petitioner, at this stage.
Dismissed.
(DEEPAK GUPTA) JUDGE
��.12.2023
����� 1. Whether speaking/reasoned?
1. Whether speaking/reasoned? Yes 2. Whether reportable? No
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2 issues framed by the court
Whether regular bail should be granted to the petitioner under Section 439 CrPC.
Whether the allegations of murder and possession of arms justify rejection of bail at this stage.
3 provisions across 3 enactments
RAVI @ JANGLI
State of Haryana
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
