Back
HARPREET SINGH BRAR
Rajpal Singh – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Harpreet Singh Brar, J.
This is the first petition filed under Section 439 of Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.69 dated 01.02.2023 registered under Sections 302 of Indian Penal Code (later Section 302 IPC was deleted and Section 304 IPC was added) at Police Station Kharkhoda, District Sonipat, Haryana.
2. The FIR was lodged on the basis of complaint made by one person namely Manjit on the allegations that the body of an unknown person was found on 25.01.2023 at about 10:30 AM, near service road of Delhi road bypass. The investigating officer along with the FSL team reached at the spot and took the dead body to Government Hospital, Sonipat. Identification of the dead body could not be ascertained and as such, after performing the post-mortem, the last rites of the deceased were conducted by an NGO namely ‘Jan Kalyan Samiti’. The cause of death as given in the post-mortem report is that the death in the case was due to injuries which were sufficient to cause death in ordinary course of nature. Thus, FIR under Section 302 IPC was registered against unknown persons. On 14.02.2023, the father of the deceased namely Deep Chan
The main legal point established in the judgment is that further detention without the prospect of the trial being concluded in the near future would violate the rights of the accused under Article 2....
The court's decision highlighted the importance of considering the rights of the accused under Article 21 of the Constitution of India, especially in cases where the trial has not made any progress d....
The court considered the postmortem report and witness statements to determine the petitioner's involvement in the crime and also took into account the delay in trial proceedings due to the Covid-19 ....
The court considered the nature of injuries, absence of weapons, and the petitioner's young age and first-time offender status in granting bail.
The lack of incriminating evidence, non-supportive testimony from the deceased's father, and the principle of parity with the co-accused can be grounds for granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
