SATTEY ALIAS SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of Code of Criminal Procedure in case registered against the petitioner and four others viz. Ghanshyam, Bodhi, Rajbir and Pyarey Lal vide First Information Report (for short 'FIR') No. 64 dated March 7, 2007 under Section 302 read with Sections 34 and 120-B of Indian Penal Code at Police Station Sadar Palwal.

(2.) STORY of the prosecution is that on March 4, 2007 at 9 p.m. Bodhi and Ghanshyam (non-petitioners) came at the house of Ami Chand-complainant and asked his brother Shri Chand to accompany them. Shri Chand accompanied them on the tractor of Ghanshyam's brother. On March 5, 2007 at 5 a.m. Ami Chand's dead-body was found lying in the Chowk of the village Aurangabad, that is, village of the deceased.

(3.) THIS Court would not like to discuss the evidence collected in detail so far by the prosecution because it may prejudice the case of either party. It has been held by Hon'ble the Supreme Court in a recent judgment Kumari Sujman Pandey v. State of Uttar Pradesh and another, 2007(2) RCR(Criminal) 65 : 2007(1) RAJ 918 that detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a Court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary. Taking into consideration the grounds the which the bail has been sought convincing, this Court is of opinion that it is a fit case to grant concession of bail. Accordingly, it is ordered that the petitioner be released on bail on his furnishing bail-bonds to the satisfaction of trial Court. Petition allowed.