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N. S. SHEKHAWAT
Rahul – Appellant
Versus
State of Haryana – Respondent
N.S. SHEKHAWAT J.
1. The petitioner has filed the second petition under Section 439 Cr. PC with a prayer to grant regular bail to him in case FIR No.424 dated 23.07.2019 under Section 302 of IPC, registered at Police Station Jind City, District Jind (Annexure P-1).
2. As per the case set up by the prosecution, on 23.07.2019 an information was received by the police that on Bhiwani Road, Jind a person had been killed in the truck and the dead body was lying in the cabin of the truck. On getting this information, the police officials reached at the spot and noticed that Trolla (Big Truck) No.HR46D-2297 was parked there. The dead body of a person, having stains of blood and screw driver inserted in his neck, was noticed by the police. From the mobile number, which was mentioned on the truck, it owners Madan Lal was called at the spot and the owner disclosed the name of the deceased as Ganesh cleaner. Since Madan Lal son of Ramphal, resident of VPO Kharak Punia, Tehsil Barwala, District Hisar got his statement recorded, wherein he mentioned that he was running a transport company at New Grain Market, Karnal and was the owner of the Trolla (Big Truck) in question. He had employed Rahul so
The right to speedy justice and the need to avoid indefinite detention of the accused without serious contention from the State regarding interference with the trial or evidence tampering.
Second or successive bail petitions are maintainable when substantial changes in circumstances occur; however, public safety and the gravity of the offence must be prioritized.
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.
The court ruled that the seriousness of charges and ongoing risk to witnesses outweigh the defendant's custody length and medical claims, justifying bail denial.
The relevance of the accused's statement under Section 161 of Cr.P.C. in considering the prima facie case against him in a bail application for a grave offence.
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....
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