Regular bail sought by an accused in a double murder FIR who was not named in the FIR but was identified through a co-accused's disclosure statement, with a wooden danda recovered from him. The court declined bail on parity since no weapon was recovered from the released co-accused and the trial is at an advanced stage.
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-27134-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.27134 of 2024 Reserved on: 02.09.2024 Pronounced on:16.09.2024
Sachin
...Petitioner
Versus
State of Haryana …Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Amrit Singh Kang, Advocate
for the petitioner.
Mr. Ashish Bishnoi, DAG, Haryana.
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 320 | 28.06.2019 | Barwala, District Hisar |
148, 149, 302 IPC 1860 |
Court under Section 439 CrPC, 1973, seeking regular bail.
“3. That the brief facts of the case are that the present FIR has been registered on the statement of Manjeet son of Sat Pal resident of village Badhawar alleging therein that on dated 27.6.2019 at about 7.00 PM his younger brother Naveen (now deceased) and his friend Vikram (now deceased) has been called by coaccused Bharat son of Pardeep to talk on some important points in "Bharat's Buffalo Dairy" on which Naveen (now deceased) and Vikram (now deceased) went over there and after half an hour the complainant got information that coaccused Bharat is causing beatings to Naveen (now deceased) and Vikram (now deceased) along with his companions on which he passed the information to Mangat Ram, Tau of Vikram on which they both reached in the diary of coaccused Bharat where they saw co- accused Bharat, Satender, Pardeep and Vikram Vicky of village Koth along-with 8-10 companions who were duly armed with lathes and dandas. Co-accused Bharat and Vikcy Vikram were causing the beatings with dandas in their hands on the hands and feet of Naveen, his brother and Satender and Pardeep were giving danda blows on the hand, feet
Sonia Puri 2024.09.17 11:31 I attest to the accuracy and integrity of this document
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and body of Vikram. The other companions were also given lathi and danda below on the body of the Vikram and they left Naveen (now deceased) and Vikram (now deceased) half dead and ran away from there on the motor-cycle after putting them on the road out the gate of the dairy. After arranging the vehicle the complainant brought his brother Naveen (now deceased) to Green Tree Hospital Barwala. The doctor of Green Tree Hospital without examining his brother asked him to take him to civil Hospital, Hisar. While he was bringing his brother to Civil Hospital Hisar in an ambulance, he expired while in way to Hisar. Mangat Ram took Vikram (now deceased) to Civil Hospital Barwala where he was referred to MAMC, Agroha and Vikram expired in MAMC Agroha while under treatment. Upon which case FIR No. 320 dated 28.06.2019 under sections 302, 148, 149 IPC was registered at Police Station Barwala, District Hisar.”
contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
“10. That during investigation petitioner/accused Sachin alias Shinu was arrested on dated 20.03.2022 and his disclosure statement was recorded and place of incident was demarcated and a wooden danda was recovered from his possession. The role played by petitioner stated in his disclosure statement that he is friends with co-accused Mohit alias Nambardar and Kapil from his village and they both are friends and acquainted with co-accused Deepak alias Lakhu, resident of Bhaini Bhairon district Rohtak and he is also friends with Vikram alias Vicky, resident of Koth Kalan district Hisar. Co-accused Vicky alias Vikram was friends with co-accused Bharat due to this they all were connected to each other and knew each other. He had heard from his friends that co-accused Bharat takes liquor contracts and has a liquor shop in his village Badhawar. Naveen (now deceased) and Vikram (now deceased) sold illegal liquor in village Badhawar, due to which co- accused Bharat was suffering a lot of loss in the liquor business. Due to this reason they planned to kill Naveen (now deceased) and Vikram (now deceased) and killed them. Report under Section 173(8) of Cr.P.C. against petitioner/accused Sachin alias Shinu has been submitted in court dated 15.06.2022. Copy of disclosure statement and custody certificate of petitioner/accused Sachin are annexed as Annexure R-6 and R-7 respectively.”
Sonia Puri 2024.09.17 11:31 I attest to the accuracy and integrity of this document
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(ANOOP CHITKARA) JUDGE
16.09.2024
Sonia Puri
Whether speaking/reasoned: Yes Whether reportable: No.
Sonia Puri 2024.09.17 11:31 I attest to the accuracy and integrity of this document
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1 issue framed by the court
Whether the accused, named via co-accused's disclosure and connected by recovery of a danda under S.27 Evidence Act, deserved regular bail in a double murder case at an advanced trial stage?
3 provisions across 3 enactments
Sachin
State of Haryana
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
