Punjab-Haryana High Court
Mulayam Singh @ Mulayam Singh Ahirwar vs State Of Haryana on 29 October, 2024
Neutral Citation No:=2024:PHHC:142611
S. No.221
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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CRM-M-31780 of 2024 (O&M)
Date of Decision:29.10.2024
Mulayam Singh @ Mulayam Singh Ahirwar .....Pe66oner
Vs.
State of Haryana .....Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Baljeet Beniwal, Advocate for the pe oner.
Mr. R.K.S. Brar, Addl. AG, Haryana.
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DEEPAK GUPTA, J. (Oral)
By way of this pe on filed under Sec on 439 Cr.P.C., pe oner prays for grant of regular bail in case FIR No.110 dated 04.04.2021 registered under Sec ons 34 and 302 IPC, at Police Sta on Gadpuri, District Palwal (later on Sec on 34 IPC was deleted and Sec on 201 IPC and Sec on 25 of Arms Act, 1959 were added).
2. This is second pe ton. The earlier pe on bearing CRM-M-63403 of 2023 was dismissed as withdrawn,when the Court was not inclined to grant bail.
3. The status report by way of affidavit of Shri Naresh Kumar, HPS, Deputy Superintendent of Police, HQ Palwal, District Palwal has been filed on behalf of the respondent- State.
4. As per prosecu on allega ons, dead body of Shyamanand Jha was found in the toilet of his house sitauted at Village Harfali on 03.04.2021. FIR was lodged on the complaint of Pawan Jha, the son of deceased, alleging that his father had been murdered by some unknown person. During inves ga on, Sim No.9625014564 was detected to be working in the missing mobile phone of deceased Shyamanand Jha. Based thereon, pe oner - Mulayam Singh was arrested on 15.04.2021. On interroga on, he suffered disclosure statement admi@ng to have commiAed the crime. He not only got recovered the mobile phone of the deceased fiAed with his Sim No.9625014564 but further got recovered `10,500/- out of the stolen property. He also got recovered key of the house i.e. the place of occurrence, besides blood smeared clothes which he was wearing at the me of crime. Weapon of offence i.e. a brick 1 of 3 ::: Downloaded on - 02-11-2024 13:03:37 ::: Neutral Citation No:=2024:PHHC:142611 CRM-M-31780 of 2024 (O&M) -2- hammer with sharp end was also got recovered by him. These were taken into possession and on anlysis from the Lab, blood group "O" was detected from the recoveries effected from the spot and also from the weapon used in offence and the clothes of the pe oner. AGer comple on of inves ga on, final report under Sec on 173 Cr.P.C was filed. Out of 27 witnesses cited by the prosecu on, 09 have since been examined.
5. It is contended by learned counsel that case is dependant upon circumstan al evidence; that pe oner is in custody for the last more than 03 years and 06 months; that trial is likely to take long me to conclude; that speedy trial is a fundamental right of the accused and for all these reasons, pe oner be allowed bail.
6. Learned counsel refers to a judgment of Hon'ble Supreme Court in Javed Gulam Nabi Shaikh Vs. State of Maharashtra and another - Criminal Appeal No.2787 of 2024 decidedon 03.07.2024, wherein it has been observed as under:-
"If the State or any prosecu ng agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Ar cle 21 of the Cons tu on then the State or any other prosecu ng agency should not oppose the plea for bail on the ground that the crime commi ed is serious. Ar cle 21 of the Cons tu on applies irrespec ve of the nature of the crime."
7. It is no doubt true that the accused has a right to speedy trial as enshrined under Ar cle 21 of the Cons tu on of India but at the same me, the Court cannot ignore the prac cal reali es and the huge pendency in the trial Courts.
8. On specific query put to learned counsel, he is unable to disclose the total number of cases pending before the Court concerned. As no ced earlier, out of 27 witnesses, 09 have already been examined.
9. Keeping in view the nature of allega ons, the gravity of the offence, and considering the fact that sentence in the case may go even upto death and the evidence collected during inves ga on against the pe oner but without commen ng anything on the merits of the case, this Court is not inclined to grant the benefit of regular bail to the pe oner. As such, the present pe on is dismissed.
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Neutral Citation No:=2024:PHHC:142611
CRM-M-31780 of 2024 (O&M) -3-
10. At the same me, having regard to the long incarcera on of the pe oner in custody, for a period of 03 years 06 months and 13 days as is evident from the custody cer ficate, the trial Court concerned is directed to take effec ve steps for expedi ous disposal of the case, by giving short dates.
October 29, 2024 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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