Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

High Court Grants Regular Bail to Petitioner in 7-Year-Old Murder Case: Merits and Parity Cited as Grounds

07 May 2024 8:19 AM

By: Admin


In a significant development, the High Court of Punjab and Haryana at Chandigarh granted regular bail to the petitioner, Bedharak, in connection with a seven-year-old murder case. The judgment, delivered by Hon’ble Mr. Justice Avneesh Jhingan, emphasized merits and parity with co-accused as crucial grounds for the bail grant.

Bedharak had filed a second petition under Section 439 of the Criminal Procedure Code, seeking regular bail in relation to FIR No. 312 dated 27th July 2016, registered at Police Station Narnaund, District Hisar, Haryana. The FIR included sections 148, 149, 302, 323, 452, 506, 325, 180, 506, and 120-B of the Indian Penal Code, 1860.

Earlier, the petitioner’s bail application was dismissed as withdrawn on 5th April 2022. However, seeking parity with co-accused Satbir, who was granted regular bail in a similar case, the petitioner approached the court again.

The court considered the fact that Bedharak had been in custody for three years and 13 days, and only four out of 29 prosecution witnesses had been examined so far. Furthermore, it was noted that the FIR and witness statements did not attribute any specific injury to the petitioner. These factors led to the court’s decision to grant bail to Bedharak.

In the judgment, Justice Jhingan stated, “Without commenting on the merits of the case, on the basis of parity of the petitioner vis-a-vis co-accused so far as the grant of bail is concerned and though the investigation is complete, conclusion of trial is likely to take time, the petitioner is granted bail.”

The court also imposed specific conditions for the bail, requiring the petitioner to furnish bail/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. Additionally, Bedharak is obligated to appear before the trial court on every scheduled date and refrain from trying to influence any of the prosecution witnesses or entering the village where the complainant and witnesses reside.

 Date of Decision:   21st July, 2023

 

Bedharak vs State of Haryana

 

Latest Legal News