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2014 DIGILAW 730 (PNJ)

Parmod v. State of Haryana

2014-04-23

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- Petitioner-Parmod son of Pale Ram, has preferred the instant petition for the grant of regular bail, invoking the provisions of Section 439 Cr.P.C., in a case registered against him along with his other coaccused, namely, Ranbir @ Garga(juvenile), Rajmal, Shamsher and Surender etc., vide FIR No.196 dated 19.12.2011, for the commission of offences punishable under Sections 302/34 IPC, by the police of Police Station Baroda, Gohana, District Sonepat. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. What cannot possibly be disputed here is that, initially, the present case was registered against Rajmal, Shamsher and Surender. However, during the course of investigation, they were found innocent and were exonerated by the police. Subsequently, the petitioner and his other co-accused Ranbir @ Garga, were involved in the present case, on the basis of statement of Bijender, brother of the complainant, for the commission of murder of Rajesh son of Satbir. No direct evidence is available on record against the petitioner. The case of the prosecution revolves around the circumstantial evidence and recovery of ‘spade’ and blood-stained clothes of the petitioner, in pursuance of his disclosure statement under Section 27 of The Evidence Act. Moreover, the name of the petitioner did not find mention in the FIR. What would be the evidentiary value of such circumstantial evidence/recovery, inter alia, would be a moot point to be decided during the course of trial by the trial Court. 5. Be that as it may, the petitioner was arrested on 24.12.2011. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. The conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. 6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------