Regular bail sought under Section 483 BNSS by an accused charged with murder under FIR No. 617 of 2020, where the petitioner allegedly drove the motorcycle and fired at the deceased. The court found prima facie evidence of involvement and declined bail.
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CRM-M-45047-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-45047-2024 Reserved on: 04.11.2024 Pronounced on: 07.11.2024
Sanjit @ Bona
...Pe��oner
Versus
State of Haryana
…Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Rajesh Duhan, Advocate, for the pe��oner.
Mr. Viney Phogat, DAG, Haryana.
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Sta/on | Sec/ons |
|---|---|---|---|
| 617 | 27.11.2020 | Gharaunda, District | 302, 420, 471, 473, 34, 120-B IPC and |
| Karnal | Sec�on 25 of Arms Act |
| Sr. No. | FIR No. | Dated | Offenses | Police Sta/on |
|---|---|---|---|---|
| 1. | 400 | 24.09.2018 | 379 IPC | Indri,Karnal |
“That the brief facts of the case are that on 27.11.2020, IC Kanwar Singh had received informa�on that Maushak son of Shammudin R/o Village Balhera has died a(er sustaining bullet injuries. On this informa�on, HC Kanwar Singh along with other police officials reached Government Hospital, Karnal, where Arshad made his statement to the effect that about one week back, Ikram @ Machhar had an alterca�on with Bhani resident of Bharal, which was
JYOTI 2024.11.08 16:47 I attest to the accuracy and integrity of this order/judgment.
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CRM-M-45047-2024
compromised by his father and due to this reason, Ikram had grudge against his father and he used to give him threats to kill. On 27.11.2020, he along with his father had gone to a marriage and at about 2:30 PM, when they were going towards their house on a motorcycle, they stopped near the house of Sa�nder son of Kabul Singh and at that �me, Ikaram and Sanjid came on a motorcycle bearing No. HR-05AP-3783. The motorcycle was being driven by Sanjid and Ikram was pillion rider on it. Therea(er, Ikram got down from the motorcycle and raised a lalkara that he shall teach a lesson to this father for effec�ng the compromise and fired from the pistol carried in his hand, which hit on the chest and stomach of his father. His father fell down from the motorcycle and therea(er, Sanjid took the pistol from Ikram and fired on the back of his father. On hearing the cries of his father, his uncle Bannu son of Sammudin came to the spot and on seeing him, the assailants fled from the spot. Sameen son of Salam also had a feeling of revenge against his father and he in conspiracy with each other had got murdered his father. He prayed for ini�a�on of an legal ac�on. On this statement FIR No. 617 dated 27.11.2020 U/S 302/34/120-B of IPC & 25- 54-59 of Arms Act Police Sta�on Gharaunda, District Karnal was registered against the pe��oner and other co-accused persons.”
4. That the present pe��oner was arrested on 28.11.2020 and the total custody of the present pe��oner is about 3 years and 10 months. In this case inves�ga�on has already completed and the complainant namely Arshad Ali S/o Mashuk Ali (vic�m/deceased) has already been examined as a PW1 before the trial court. The co accused namely Ikram @ Machhar has already been expired the encounter by the police. The present pe��oner is not owner of the alleged motorcycle which was used in occurrence.
5. That it is worthwhile to men�on here that the alleged weapon pistol recovered from the possession of the co-accused namely Ikram @ Machhar and nothing has been recovered from the possession of the present pe��oner. The co-accused fired upon the chest of the deceased/vic�m and the deceased/ vic�m died therea(er of this injury. 6. That as per MLR and the opinion of the doctor the cause of death of the deceased/vic�m is that death is due Hemorrhage Secondary to firearm/gunshot injury to right side of chest. Injury No.2 was 2 to 3 day old. AIemortem/ postmortem antemorthem nature of weapon/ force
JYOTI 2024.11.08 16:47 I attest to the accuracy and integrity of this order/judgment.
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CRM-M-45047-2024
firearm probable �me a between injury and death variable. B- between idath and postmortem examina�on 12 to 24 hours. Any other the projec�le entered from right side of chest, perforated right side of chest wall. Right lung. Diaphragm, right lobe of liver perforated posterior abdominal wall, crossed Lumbar vertebrae from posterior aspect, got lodged in the �ssues over back of abdomen on le( side, as per external injury no.3 the projec�le was directed downwards, backwards and right to le(.
7. That in this case there are three accused namely Ikram @ Machhar, Samim and the present pe��oner. The co-accused namely Ikram @ Machhar has already been encounter by the police and another coaccused Samim has already been declared innocent in this case.
11. That a specific role has been aIributed to the pe��oner/accused in commiJng the offence. The pe��oner along with co-accused Ikram @ Machhar came on a motorcycle No. HR-05AP-3783 driven by the accused/ pe��oner Sanjid. Ikram was siJng pillion on motorcycle. Ikram fired bullets upon complainant's father Mashuk. Therea(er, pe��oner/accused Sanjid took the pistol from Ikram and fired on Mashuk resul�ng into his murder. No doubt, co-accused Ikram died in police encounter.
JYOTI 2024.11.08 16:47 I attest to the accuracy and integrity of this order/judgment.
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CRM-M-45047-2024
(ANOOP CHITKARA) JUDGE
07.11.2024 Jyo�-II Whether speaking/reasoned: Yes Whether reportable: No.
JYOTI 2024.11.08 16:47 I attest to the accuracy and integrity of this order/judgment.
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1 issue framed by the court
Whether the accused in a murder case with a specific role attributed to him and a criminal antecedent deserves regular bail after nearly four years of custody.
3 provisions across 3 enactments
Sanjit @ Bona
State of Haryana
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
