Punjab-Haryana High Court
Ravi Kumar @ Ravinder Kumar & Anr vs State Of Punjab on 23 December, 2014
Author: Daya Chaudhary
Bench: Daya Chaudhary
Crl. Misc. No. M-31695 of 2014 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-31695 of 2014
DATE OF DECISION: 23.12.2014
Ravi Kumar @ Ravinder Kumar and another ..........Petitioners
Versus
State of Punjab ..........Respondent
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
1. Whether reporters of local newspaper may be allowed to
see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present:- Mr. Tribhuvan Singla, Advocate
for the petitioners.
Ms. Ritu Punj, Addl. A.G., Punjab.
Mr. Vikram Anand, Advocate
for the complainant.
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DAYA CHAUDHARY, J.
The present petition under Section 439 Cr.P.C. has been filed for grant of regular bail to the petitioners in case FIR No. 41 dated 25.5.2014 registered under Sections 306 read with Section 34 IPC at Police Station Dhanaula, Tehsil and District Barnala.
Learned counsel for the petitioners contends that the petitioners have been implicated in this case only on the basis of suicide note. Learned counsel further contends that not only the challan has been presented but charges have also been framed without comparison of the suicide note and without having any FSL report. The only allegation in the suicide note is that deceased-Gopal Singla was harassed by his wife and in POOJA SHARMA 2014.12.24 11:21 I attest to the accuracy and integrity of this document Crl. Misc. No. M-31695 of 2014 (2) laws family. Learned counsel also contends that there are general allegations against all family members and no specific allegation has been levelled against the petitioners even in the suicide note. Co-accused of the petitioner, namely, Bharat Bhushan and Asha Rani have already been granted bail by the trial Court. The petitioners are in custody since 28.5.2014 and nothing is to be recovered from them and no purpose would be served by keeping them in custody.
Learned State counsel has not disputed the custody period and also the fact that charges have been framed without having any FSL report.
Learned counsel for the complainant opposes the bail of the petitioners on the ground of seriousness of the offence and the fact that specific allegations were levelled in the suicide note against the petitioners left by the deceased.
In view of the submissions made by learned counsel for the petitioners and also the facts that challan was presented without having FSL report and even charges were also framed, whereas, charges should not have been framed by the trial Court on the basis of incomplete challan as it cannot be said at this stage whether the suicide note was written by the deceased or not; the petitioners are in custody since 28.5.2014 and no purpose would be served by keeping them in custody, the present petition is allowed. Petitioners, namely, Ravi Kumar @ Ravinder Kumar and Raju (Varinder) @ Davinder Kumar are directed to be released on regular bail subject to their furnishing bail/surety bonds to the satisfaction of trial Court.
23.12.2014 (DAYA CHAUDHARY)
pooja JUDGE
POOJA SHARMA
2014.12.24 11:21
I attest to the accuracy and
integrity of this document