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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mangal Bahadur – Appellant
Versus
State of HP – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition seeking regular bail in FIR No. 153 of 2023, dated 08.11.2023, registered at Police Station Chowari, District Chamba, H.P., for the commission of offences punishable under Section 302 of the Indian Penal Code ( IPC ).
2. It has been asserted that the petitioner’s mother, Maya Devi (since deceased), was found dead on 08.11.2023 in a house where she and the petitioner were residing together. Maya Devi had sustained injuries on her right arm by means of a sharp object. The police registered the FIR and arrested the petitioner. The petitioner was sleeping in his room when the incident occurred. The petitioner had cordial relations with his mother, and he had no reason to murder his mother. The police have filed a charge sheet, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner is a permanent resident of District Chamba, and there is no likelihood of his absconding. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed
The court ruled that the seriousness of the charge under Section 302, supported by incriminating evidence, justifies denial of bail, emphasizing the necessity of ensuring justice and community safety....
The court affirmed that in serious offenses, circumstantial evidence and severity of potential punishment must prevail in bail considerations, denying the petitioner's release amid serious accusation....
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
Bail denied in murder case as driving co-accused to scene and fleeing infers common intention under Section 34 IPC despite no overt act, given offence gravity and punishment severity.
In double murder cases punishable by death, bail denied where prima facie circumstantial evidence establishes involvement, despite trial delay, emphasizing gravity of offence and punishment severity.
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
Pushing a person causing fall and death from head injury does not prima facie constitute offence under Section 103(1) without attributable knowledge of likely death; bail granted as added sections ba....
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
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