Single paragraph order granting regular bail to the petitioner, invoking parity with a coordinated bench order allowing bail to a co-accused, without commenting on merits.
Petitioner admitted to bail on furnishing requisite bail and surety bonds to the satisfaction of the Trial Court/Duty Magistrate on usual terms.
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.
250 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Neutral Citation No. 2023:PHHC:161292 CRM-M-52000-2023 Date of Decision: December 15, 2023
Javed
…Petitioner
Versus
State of Haryana
…Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: - Mr. Shiv Kumar, Advocate for the petitioner.
Mr. Randhir Singh, Addl. A.G., Haryana.
DEEPAK GUPTA, J.(Oral)
By way of present petition filed under Section 439 Cr.P.C., prayer is made for grant of regular bail in case FIR No.111, dated 14.03.2022, under Sections 302 and 34 of IPC (Sections 201, 404, 34 of IPC and Section 61/4/2020 Excise Act, 2020 added later on), registered at Police Station NIT, Faridabad.
As per allegations, dead body of deceased Deepak was found from the house of co-accused Naveen with injury marks on his person. During interrogation, said Naveen suffered disclosure statement (Annexure R-2), as per which on the night intervening 13/14.03.2022, he along with Farukh, Javed (petitioner) and Manjeet had taken Deepak @ Tatu (deceased) to their rented premises, where Farukh had caught hold hands of Deepak @ Tatu and then he (Naveen) alongwith Javed (petitioner) and Manjeet murdered him.
Learned counsel for the petitioner contends that the only incriminating material against the petitioner is the disclosure statement of co-accused Naveen, which is not admissible in evidence. Still further, it is contended that similarly placed co-accused Farukh has already been
SARITA RANI 2023.12.14 17:13 I attest to the accuracy and integrity of this document/order
Citation No. 2023:PHHC:161292 CRM-M-52000-2023
- 2 -
allowed bail by a co-ordinate Bench of this Court vide order dated 22.09.2023 passed in CRM-M-38986-2023 (Annexure P-2).
Learned State counsel could not refute the aforesaid contentions. However, bail is opposed on the ground that petitioner is involved in two other cases.
Refuting the aforesaid contention, learned counsel for the petitioner submits that the petitioner is on bail in both those cases, which is otherwise reflected from custody certificate.
Custody certificate placed on record also reveals that the petitioner is in custody for the last 01 year, 08 months and 21 days.
In view of the aforesaid circumstances, particularly on the basis of parity, but without commenting anything on the merits of the case, petitioner is admitted to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions.
Allowed.
December 15, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
SARITA RANI 2023.12.14 17:13 I attest to the accuracy and integrity of this document/order
2 issues framed by the court
Whether regular bail should be granted to the petitioner under Section 439 Cr.P.C. in a murder case where a co-accused has been allowed bail.
Whether the petitioner is a flight risk given his custody history and involvement in other pending cases where he is on bail.
Colour shows how this judgement treated each authority
SARITA RANIReferred¶15
SARITA RANI 2023.12.14
Annexure P-2Referred¶18
CRM-M-38986-2023
3 provisions across 2 enactments
Javed
State of Haryana
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
