Ramesh Singh v. State of UT Chandigarh Administration
2014-05-22
MEHINDER SINGH SULLAR
body2014
DigiLaw.ai
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioner Ramesh Singh son of Jagmohan Singh, has directed the instant petition for the grant of concession of regular bail, invoking the provisions of section 439 Cr.PC, in a case registered against him along with his other co-accused, namely, Kamal Thapa and Vikram Thapa., vide FIR No.268 dated 12.9.2012 (Annexure P1), on accusation of having committed an offence punishable under section 302 read with section 34 IPC by the police of Police Station Sector 36, Chandigarh. 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 help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this regard. 4. What cannot possibly be disputed here is that it is a case of blind murder. Neither his name is mentioned nor any specific role or particular injury is attributed to the petitioner in the FIR. There is no direct or circumstantial evidence on record against him, except the disclosure statements of his other co-accused Kamal Thapa and Vikram Thapa. What is evidentiary value and admissibility of such disclosure statements of coaccused against the petitioner, 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 15.9.2012. 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 final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the nature of the indicated evidence, totality of the facts & circumstances, emanating from the record, as depicted here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail filed by the petitioner is hereby accepted. He is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court. 7.
He is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court. 7. Needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only. ---------0.B.S.0------------