LADHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application seeking regular bail in FIR No.25 dated 12.02.2010 under sections 302, 498-A, 506 read with Section 34 IPC, registered at Police Station Sadar Sirsa, District Sirsa. Learned counsel for the petitioner argued that this is a case of blind murder and there is no eye witness of the incident. The petitioner is in jail w.e.f. 13.02.2010. A perusal of the FIR reveals that Raju brother of the present accused/petitioner was having illicit relations with the wife of the present petitioner and deceased had caught them red handed so many times, hence she was murdered while she was alone in the house. Learned counsel for the petitioner vehemently argued that if deceased had caught them red handed in a compromising position, petitioner would be having grudge against his wife and his brother and there would have been no motive/reason to murder wife of his brother. Learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in the case of State of Kerala Vs. Raneef, 2011 (11) RCR 381 and has argued that if bail is denied the time spent in the jail during the trial cannot be restored to the petitioner in the event of acquittal of the petitioner.

(2.) THIS is a case of circumstantial evidence which itself is a weak type of evidence. Petition is allowed. Let the petitioner be released on bail to the satisfaction of Chief Judicial Magistrate, Sirsa.