Allowed

Ajay Verma Alias Ali Baba v. State of Punjab

Punjab & Haryana HC14 Dec 2023CRM-M/60755/2023

Case brief

AI extract

What is this about?

The High Court granted liberty to the petitioner to file a fresh bail petition before the Sessions Court, clarifying that the trial court shall decide on merits without being influenced by previous bail dismissals.

What did the court decide?

Liberty to file a fresh bail petition before the trial court, with clarification that the trial court shall decide it on its own merits.

Ajay Verma Alias Ali Baba Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2023)

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2023:PHHC:160328

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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212

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CRM-M-60755-2023

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Date of Decision: 14.12.2023

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Ajay Verma @ Ali Baba ......... Pe��oner

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Versus

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State of Punjab ......... Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present:Mr. Naveen Kumar Mahajan, Advocate for the pe��oner.

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Mr. Shiva Khurmi, AAG, Punjab.

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ANOOP CHITKARA, J. (ORAL)

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FIR No.	Dated	Police Sta1on	Sec1ons
321	13.10.2022	B Division, District Police	304 IPC (304 IPC replaced with
		Commissionerate	Sec�on 302 IPC and 34 IPC
		Amritsar	added later on)

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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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Short reply dated 14.12.2023 filed by State counsel today in the Court is taken on record. Copy thereof has been supplied to counsel for the pe��oner.

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Counsel for the pe��oner seeks bail on the ground that the material witnesses have turned hos�le and they did not support the case of the prosecu�on and now there is no evidence against the pe��oner.

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However, State counsel opposes the bail on the grounds that there is medical evidence which is duly corroborated by scien�fic evidence as well as it is for the trial Court to appreciate credibility of the hos�le witnesses and any observa�ons made by this Court

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might prejudice the trial itself.

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At this stage, counsel for the pe��oner submits that he would be contented

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JYOTI 2023.12.15 08:20I attest to the accuracy and and sa�sfied if he is permi:ed to file a fresh bail pe��on before the Sessions Court with integrity of this order/judgment.

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CRM-M-60755-2023 -2��

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clarifica�on that while deciding the fresh bail pe��on, the Sessions Court would not be influenced by previous dismissal of the bail pe��on by the trial Court as well as this Court and he would also consider the statements of the witnesses, who have turned hos�le and will pass fresh order on its merits.

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The prayer is genuine and the same is allowed.

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Given above, the present pe��on is disposed of with liberty to file fresh pe��on for bail before the trial Court. It is clarified that trial Court shall decide the fresh bail pe��on, if filed on its own merits a>er taking into considera�on material evidence against him without being influenced by the earlier rejec�on of bail by this Court or trial Court. All pending miscellaneous applica�ons, if any, stand disposed of.

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(ANOOP CHITKARA) JUDGE

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14.12.2023

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Jyo�-II

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JYOTI 2023.12.15 08:20 I attest to the accuracy and integrity of this order/judgment.

Ajay Verma Alias Ali Baba v. State of Punjab

Case brief

What is this about?

What did the court decide?

Ajay Verma Alias Ali Baba v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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