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Judgment
Anoop Chitkara, J
On the allegations of committing murder of his brother, the petitioner, who has been in custody since 14th March 2016, has come up before this
Court under Section 439 of the CrPC, seeking bail on the ground that the witnesses did not support the case setup by the prosecution.
The case is based upon circumstantial evidence. Although the witnesses whose statements the petitioner has annexed, does not support the
prosecution, but in a case based upon circumstantial evidence, the statements of Investigating Officers are extremely important. Thus, on this ground
the petitioner is not entitled to bail.
In this case, the Police report under Section 173 (2) CrPC stands filed and documents exhibited. Despite that, the petitioner did not place the
relevant documents on the record to make out a case for bail. While considering the bail application, when the police report is yet to be filed, the Court
may call for the Police file to look into the nature of allegations and evidence collected by the police. However, once the Police file report seeking
prosecution of the accused, and its copy handed over to accused, it is not for the Court to call for the record. Thus, it is not for the Court to direct the
State to produce the police report because the State represents society and the victim. The Court cannot base its findings on a document in the
Counsel's brief and not on Court's file. It may be unfair to ask the State to hand over the documents that the opposite party wants to show those to
corroborate its arguments. Such a burden would be on the petitioner once the accused, under Section 207 CrPC, receives the copy of the documents
filed in the police report under Section 173 (2) CrPC.
Given above, in the facts and circumstances peculiar to this case, at this stage, the petitioner fails to make out a case for bail. The petition is
dismissed with liberty to file new if so advised.
Any observation made hereinabove is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these comments.
The petition is dismissed.