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DEEPAK GUPTA
Gurwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr Deepak Gupta, J.
Prayer in both the petitions titled above filed under Section 439 Cr.P.C. is for grant of regular bail in FIR No.33 dated 23.03.2021 registered at Police Station Sadar Raikot, District Ludhiana for the offences under Sections 302 , 328, 341 / 34 IPC ( Sections 148 , 149 & 120B IPC added later on)
Fir Version
2. FIR was lodged on the statement of Jaswinder Singh, as per which on 23.03.2021, he was in his fields when at about 6:30 AM, he was informed by one Baljinder Singh that dead body of his brother Rajinder Singh along with his scooter, was lying on Rasulpur road near Nanaksar Thath. Complainant reached there and found his brother Rajinder Singh to have died having several injuries on his person caused by sharp-edged weapons. Red chilli powder was laying spread there.
Investigation
3. (i) The Investigating Officer visited the spot, inspected the same and collected physical evidence. Postmortem examination on the dead body of Rajinder Singh was got conducted. 13 injuries were found on the person of the deceased. On 05.04.2021, Surinder Singh @ Sherry son of the deceased Rajinder Singh made a statement under Section 161 Cr.P.C., as per which at the tim
The main legal point established is that weak evidence, such as an extra judicial confession and non-incriminating call records, along with the petitioner's age and time spent in custody, can influen....
The court established that insufficient evidence linking the petitioner directly to the cause of death justified granting bail, reaffirming the principle that charges should be substantiated to uphol....
Corroborating evidence and the need for custodial interrogation in serious criminal cases.
The judgment underscores the importance of eyewitness testimony and medical evidence in establishing guilt in serious criminal cases, particularly murder.
The completion of investigation, presentation of challan, and the likelihood of a prolonged trial process can be considered as grounds for granting bail in a murder case.
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