MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

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Earlier, the petitioner’s bail application was dismissed as withdrawn on 5th April 2022.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