Single judge of the Punjab and Haryana High Court dismissed a bail petition filed under Section 439 Cr.P.C. for an undertrial accused with multiple prior convictions who allegedly initiated an assault within a jail, resulting in the death of an inmate and injury to wardens.
Petition for grant of regular bail under Section 439 Cr.P.C. is 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.
CRM-M-40626-2024
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-40626-2024 Date of decision : 28.08.2024
DINESH
....Petitioner
Versus
STATE OF HARYANA ...Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Bijender S. Dhankhar, Advocate for the petitioner.
Mr. Apurv Garg, Sr. DAG, Haryana.
PANKAJ JAIN, J. (ORAL)
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.124 dated 21.02.2021 registered for the offences punishable under Sections 120-B, 148, 186, 302, 332, 353, 379B/149 of the Indian Penal Code, 1860 (Section 379B of IPC added later on) and Section 45 of the Prisons Act, 1894 at Police Station City, Sonipat, District Sonipat.
Deepak Kumar 2024.09.16 16:25 I attest to the accuracy and integrity of this document
CRM-M-40626-2024
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“xxxx For taking legal action against under trials confine in reference to the aforesaid, you are hereby apprised about the aforesaid subject that today on dated 21/02/2021 at about 08:30 AM in the morning, under the supervision Head Warden Kadam Singh, Barack No.283, food was being distributed to the under trials of Block No.8 in Block Safety Ward, B.D. as usual for every day, at that time, under trials Dinesh S/o Jagdish, R/o Nahri and Rohit S/o Jai Bhagwan, R/o Mukimpur, called and nabbed Naveen @ Mandhori in their Block-8 and started assaulting. At this time, Rajneesh @ Palu S/o Roshan Lal, R/o Rabhra, Pawan S/o Ram Kishore, R/o Rewari and Deepak S/o Rampal, R/o Ramgarh, Anil S/o Ramphal, R/o Gagana, ran and caught hold of Warden Kadam Singh, Belt No.283 and started assaulted. In the meanwhile, other inmates that included Amit @ Mota S/o Mahesh, R/o Harsana, Mahipal @ Mahala S/o Rajbal, R/o Jagsi, Ravinder @Thekedar S/o Mehar Singh, R/o Gagana, Praveen S/o Ved Parkash R/o Tiharpur, Ravinder @ Raghubir, R/o Surya Nagar, Hisar, Rohit @ Neetu S/o Kaptan, Deepak @ Fort S/o Vinod, residents of Karewri, Sonipat, Geetu @ Parinde S/o Ashok, R/o Thana Khurd under conspiracy entered Chakki No.20 in Ward-D and attacked inmate Jagbir S/o Ramphal over head and chest and gave injuries with pointed articles and strangled him with cloth. On receiving information of this incident, other staff of jail reached the spot and right away took inmate Jagbir to hospital. From where it was informed that inmate Jagbir has died. In this incident, Head Warden Kadam Singh and Naveen Mandhori suffered injuries, their MLRS are attached alongwith. Therefore, you are requested that F.I.R. be registered and adequate legal action be taken against accused. Sd/- Ankit Malik, D.S.P., District Jail, Sonipat (Ankit Malik)”
Deepak Kumar 2024.09.16 16:25 I attest to the accuracy and integrity of this document
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He further submits that so far as the allegation levelled in the FIR against the petitioner is w.r.t. nabbing Naveen @ Mandhori and not w.r.t. the deceased.
| Sr. No. |
FIR No. | Date of FIR | Police Station | Offences Under Section |
|---|---|---|---|---|
| 1 | 568/2022 | 04.10.2022 | City Jagadhri, Yamuna Nagar |
42-A of Prisons Act |
| 2 | 580/2011 | N/A | Partapur,Meerut | 302 IPC,3(2)5 SC/ST Act |
| 3 | 188/2018 | N/A | Israna,Panipat | 379-B,34 IPC |
| 4 | 187/2018 | N/A | Israna, Panipat | 307, 379-B IPC, 25/54/59 of Arms Act |
| 5 | 241/2018 | N/A | Ladwa, Kurukshetra | 364-A, 395 IPC, 25/54/59 of Arms Act |
| 6 | 699/2018 | N/A | CityRohtak,Rohtak | 395,397,120-B IPC |
| 7 | 66/2018 | N/A | Baroda, Sonipat | 302-2(1) IPC, 6 POCSO Act, 307,379-B,120-B,34 IPC |
| 8 | 442/2018 | N/A | Murthal, Sonipat | 307, 332, 353, 399, 402, 412, 420,467,468,471 IPC |
Deepak Kumar 2024.09.16 16:25 I attest to the accuracy and integrity of this document
CRM-M-40626-2024
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into his hands even while serving conviction and that too by attacking jail officials, the petitioner has shown scant respect for law.
| August 28, 2024 | (Pankaj Jain) |
|---|---|
| Dpr | Judge |
| Whether speaking/reasoned | : Yes/No |
| Whether reportable | : Yes/No |
Deepak Kumar 2024.09.16 16:25 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether bail should be granted to a petitioner already serving multiple convicted sentences and accused of assaulting jail authorities.
Whether the petitioner's history of incorrigible criminal conduct and fabrication of cases warrants rejection of bail.
Whether the serious nature of conspiracy charges punishable under Sections 120-B, 148, and 302 IPC precludes bail.
10 provisions across 3 enactments
Dinesh
State of Haryana
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
