High Court of Punjab and HaryanaCRM-M/38040/2018dismissed

Shubham Sood v. State Of Haryana

2018-12-14Lok Adalat Bench - 12 pages

CRM-M-38040 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-38040 of 2018 DECIDED ON: 14.12.2018 SHUBHAM SOOD ..PETITIONER

VERSUS

STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. D.S. Matya, Advocate for the petitioner. ***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 439 Cr.P.C. has been made for grant of regular bail to the petitioner, in case, FIR No.76 dated 19.02.2018, registered under Sections 302, 460, 120-B and 34 IPC, Police Station Farakpur, District Yamuna Nagar. According to the prosecution, in the morning of 19.02.2018, father of the complainant namely, Sardara Singh was found dead in the godown. Initially, co-accused of the petitioner namely Netar Pal was arrested, who in his disclosure statement, disclosed about the complicity of the petitioner. Pursuant to his disclosure statement, petitioner was arrested and got recovered clothes, cheque book, passport, LED, DVR lead, golden ring and gandasa (butcher knife), belonged to the deceased.

Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the instant case. The petitioner was SONIKA 2018.12.20 13:01 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-38040 of 2018 --2-- arrested from Ludhiana and arrest was shown from Ambala. FSL report does not support the prosecution story, inasmuch as, on none of the articles, fingerprints of the petitioner were found. Complainant appearing as PW-15 did not testify about the complicity of the petitioner.

On the other hand, learned State counsel vehemently opposed the above submission and for grant of bail to the petitioner submitting that petitioner has committed a heinous crime of murdering Sardara Singh.

The submissions made by learned counsel for the petitioner, at this stage, are not to be looked into as it relates to final arguments. Hence, rejected.

Having considered the rival submissions, this Court is not inclined to grant regular bail to the petitioner, inasmuch as, he has committed crime of murdering Sardara Singh. Thus, he does not deserve any concession of bail during trial.

Dismissed.

14.12. 2018 (RAMENDRA JAIN) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No SONIKA 2018.12.20 13:01 I attest to the accuracy and authenticity of this document Chandigarh