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2012 DIGILAW 776 (PNJ)

Phool Chand @ Phool Singh v. State of Haryana

2012-05-30

RAM CHAND GUPTA

body2012
JUDGMENT Mr. Ram Chand Gupta, J.: (Oral) - This is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No. 102 dated 18.6.2011 under Sections 302 read with Section 34 of Indian Penal Code, registered at Police Station Siwani, District Bhiwani. 2. I have heard learned counsel for the parties and gone through the record. 3. It has been argued by learned counsel for the petitioner that he is 73 years old and that only allegation against him is that he was heard quarreling with deceased by the complainant and however, complainant did not visit the spot and in the morning, the dead body of deceased was found in the nearby fields. Suspicion was raised that injuries must have been caused to him by the present petitioner-accused. It is furher submitted that though as per the version in the FIR, complainant along with Subhash Chand PW had searched for Surender and found his dead body , however, as per statement of Subhash chand Annexure P-1, he was informed that Surender was murdered by present petitioner-accused and on receiving the information, he reached the fields of father of deceased and found the dead body of deceased Surender lying there. It is further submitted that there is no other evidence collected by the prosecution involving the petitioner in this case. It is further submitted that moreover, the allegation is that Surender died after receiving brickbat injury and hence, it cannot be said that petitioner who is 73 years old person intended to cause death of Surender who is young boy of 23 years of age with a brickbat. It is further contended that petitioner has been continuing in custody since July 2011 and that trial is not likely to be concluded in near future as next date fixed in this case is 2.7.2012. 4. Learned counsel for the State on the instructions from Sub Inspector Ranjit Singh submitted that allegation against the petitioner is that he caused injury to Surender with brickbat. He has also submitted there is no other evidence against the petitioner-accused except the statements of complainant and Subhash Chand PW. 5. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 6. He has also submitted there is no other evidence against the petitioner-accused except the statements of complainant and Subhash Chand PW. 5. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 6. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioner Phool Chand @ Phool Singh is allowed. 7. Bail to the satisfaction of CJM/Duty Magistrate, Bhiwani ---------0.B.S.0------------