Non-Lethal Weapons No Ground for Bail: P&H HC High Denies Bail in Murder Case

In a significant Bail Order, the High Court of Punjab and Haryana denied the bail application of Sudesh Singh, involved in a serious criminal case under various sections of the Indian Penal Code, including Section 302. Justice Harsimran Singh Sethi dismissed the bail plea in the case CRM-M-57528-2023.

The case, registered under FIR No. 103 dated May 3, 2022, at Police Station Jandiala, District Amritsar, Punjab, includes charges under IPC Sections 302 (murder), 307 (attempt to murder), 148, 149 (related to unlawful assembly), and others. The petitioner, Sudesh Singh, argued false implication and absence from the scene of the crime.

In his decision, Justice Sethi emphasized, "The individual role of the accused is not required to be considered when they are alleged to have been part of the unlawful assembly." This reference to a Supreme Court judgment, 'Kumer Singh vs. State of Rajasthan,' underscored a pivotal legal point about the role of non-lethal weapons in such cases.

The court observed that merely being armed with non-lethal weapons does not justify bail, especially in cases involving charges as serious as Section 302 IPC. This statement sheds light on the court's stringent approach towards cases involving collective criminal actions.

The State, opposing the bail, cited the gravity of the allegations and the collective intention of the unlawful assembly. The evidence, including statements under Section 161 Cr.P.C., was thoroughly examined before reaching the decision. The court found the petitioner's claim of false implication unsubstantiated and highlighted the severity of the alleged crimes, including the use of sharp-edged weapons leading to serious injuries and a fatality.

This judgment sets a precedent, reinforcing the legal principle that participation in an unlawful assembly with serious allegations overshadows the non-lethal nature of weapons possessed by the individuals. The decision signals a tough stance by the judiciary on crimes involving collective criminal intent, especially in cases of serious offenses like murder.

Date of Decision: 21.11.2023

SUDESH SINGH VS STATE OF PUNJAB