ASGAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD. Petitioner, Asgar, who is standing his trial for the offences under Sections 302 and 201 of the Indian Penal Code, has filed the present petition under Section 439(1) of the Code of Criminal Procedure for releasing him on bail for those offences in respect of which FIR No. 239 dated 7.9.2009 was registered in Police Station Tauru District Mewat. It has not been disputed by the State counsel that the only evidence being relied upon by the prosecution against the present petitioner is the extra judicial confession made by him before Amar Lal, who has already been examined in the Court and the recovery of one sickle in pursuance of that statement. It is the contention of the counsel for the petitioner that though that witness deposed before the trial court that this petitioner confessed his guilt before him, but he never stated as to what type of confession was made by this petitioner. He also submitted that according to Chet Ram, one sickle was recovered on the disclosure statement of the present petitioner, which has totally damaged the prosecution case as it was not the case of the prosecution that any such weapon was used for the commission of the crime. There is force in the contention of the counsel for the petitioner that it was no where said by Amar Lal, while making statement in the trial court, that this petitioner confessed before him that it was he, who committed the murder of the deceased. He only stated that the petitioner came to him and confessed his guilt. It is debatable question whether the conviction of the petitioner can be recorded on the basis of such like statement when the witness did not depose as to what was the confession. No incised wound was found on the dead body which rules out the possibility of use of sickle in the commission of the crime. Keeping in view the nature of the evidence against the petitioner, this petition is hereby accepted and the petitioner is ordered to be released on bail to the satisfaction of the trial court/Duty Magistrate:- (i)He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii)He shall not leave the limits of this country without prior permission of the Court.