Disposed

Harbir Alias Kachhua Alias Mannu v. State of Haryana

Punjab & Haryana HC21 Nov 2023CRM-M/48277/2023

Case brief

AI extract

What is this about?

In this bail matter under Section 439 CrPC concerning an FIR for murder, the High Court noted the absence of DNA testing and blood stains on the weapon as defenses. The Court directed the trial court to expedite the application to send DNA samples for testing and granted a timeframe for a fresh bail application if DNA results do not match.

What did the court decide?

No immediate relief granted; bail petition disposed of with direction to trial court to expedite DNA testing application.

Harbir Alias Kachhua Alias Mannu Vs State of… — Cheating and Forgery | Punjab & Haryana HC (2023)

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2023:PHHC:147710

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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216

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CRM-M-48277-2023

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Date of Decision: 21.11.2023

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Harbir @ Kachhua @ Mannu ......... Pe��oner

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Versus

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State of Haryana and others ......... Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present:Mr. Rajat Mor, Advocate for the pe��oner. Mr. Rajat Gautam, Addl. A.G. Haryana. Mr. P.S. Sullar, Advocate for the complainant.

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ANOOP CHITKARA, J. (ORAL)

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FIR No.	Dated	Police Sta1on	Sec1ons
109	31.05.2019	Dujana, District Jhajjar	346 IPC (302, 201, 364, 120-B and
			34 IPC added subsequently)

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The pe��oner incarcerated in the FIR cap�oned above, has come up before

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this Court under Sec�on 439 CrPC seeking bail.

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Reply dated 20.11.2023 filed by State counsel today in the Court is taken on

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record. Copy thereof has been supplied to counsel for the pe��oner.

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Counsel for the pe��oner submits that the main leg of arguments is that body recovered did not relate to the missing person as there is difference between the height of both as per record. Furthermore, no DNA tes�ng was done and no blood stain

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was found on the weapon recovered i.e. on axe.

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On this, State counsel submits that dead body was in a decomposed condi�on and sample for DNA could not be sent as COVID-19 pandemic restric�on was in opera�on. Later on, sample for DNA was sent but proper report not received. Now they have filed an applica�on before the trial Court for permission to send the samples which

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JYOTI 2023.11.22 12:52 I attest to the accuracy and integrity of this order/judgment.

CRM-M-48277-2023

2023:PHHC:147710

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are preserved by police and the blood samples of children and parents of the deceased for DNA matching.

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Given the stand of State, this Court requests the trial Court to decide such applica�on on the top most priority. In case the DNA does not match, it shall be permissible for the pe��oner to file a fresh bail applica�on before the trial Court itself and fresh bail applica�on shall be decided within a week from its filing. Considering the fact that ini�ally this Court had disposed of the bail pe��on of the pe��oner by direc�ng the trial Court to expedite the maAer. This Court directs the trial Court to expedite the maAer.

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Given above, the present pe��on stands disposed of. All pending miscellaneous applica�ons, if any, stand disposed of.

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(ANOOP CHITKARA) JUDGE

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21.11.2023

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Jyo�-II

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Whether speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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JYOTI 2023.11.22 12:52 I attest to the accuracy and integrity of this order/judgment.

Harbir Alias Kachhua Alias Mannu v. State of Haryana

Case brief

What is this about?

What did the court decide?

Harbir Alias Kachhua Alias Mannu v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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