LAWS(P&H)-2013-11-31

SANJAY @ FAGWA Vs. STATE OF HARYANA

Decided On November 28, 2013
Sanjay @ Fagwa Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Petitioner Sanjay @ Fagwa has applied for grant of regular bail in FIR No. 260 dated 31.7.2011 under Section 302 IPC, registered at Police Station Sadar Bahadurgarh, District Jhajjar. The law was set in motion by recording the statement of Raghu Chaudhary who has stated that there was an altercation between the deceased and the petitioner. In the night the complainant and the petitioner slept in the room. Applicant-petitioner Sanjay @ Fagwa woke up at the night and started going outside. The complainant asked him why he was going outside, then he replied to him that he is not getting sleep, so he is going for a little walk. In the morning, Shivaji nephew of the complainant was found murdered. Sanjay @ Fagwa applicant was found missing. There is evidence of extra judicial confession and recovery of weapon from him. There is evidence of last seen also.

(2.) Counsel for the petitioner has submitted that Surinder Kumar, witness of the extra judicial confession has not supported the case of the prosecution.

(3.) In my view, that is not a ground for grant of bail, more so, when there is other evidence on the file.