Serious Offence of Murder Overrides Custody Period: Punjab & Haryana HC Denies Bail to Member of Unlawful Assembly
Case Name: Tekan v. State of Haryana
Date of Judgment: 25.03.2026
Citation: CRM-M-65813-2025
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The High Court held that in cases involving serious offences like murder under Section 302 IPC, the gravity of allegations and role of the accused outweigh considerations of prolonged custody. Bail cannot be granted merely on the ground of incarceration when prima facie involvement is established.
Summary: The petitioner sought regular bail in a case arising out of an FIR initially registered under Sections 147, 149, 323, 341 and 506 IPC, which was later converted into offences under Sections 307 and 302 IPC after the victim succumbed to injuries.
As per the prosecution case, the petitioner, along with co-accused, formed an unlawful assembly and assaulted the complainant and her son with rods and sticks, leading to serious injuries and eventual death of the victim .
The petitioner argued that he had been falsely implicated and that the fatal injury was attributed to a co-accused. It was further contended that the cause of death was cardiac arrest and not directly linked to the injuries inflicted by him. He also relied on the fact that he had been in custody since October 2022 and that trial was progressing slowly.
The State opposed the bail, asserting that the petitioner was an active participant in the unlawful assembly and had caused injuries to the victim. It was argued that the injuries contributed to the victim’s death and that the offence was grave in nature.
The Court observed that the petitioner was part of an unlawful assembly and had actively participated in the assault. It emphasized that under Section 149 IPC, every member of the assembly can be held liable for the offence committed in prosecution of the common object.
The Court further held that the nature of accusations, severity of punishment, and possibility of influencing witnesses are critical factors in bail adjudication. It found that material witnesses were yet to be examined and that the allegations disclosed involvement in a heinous offence punishable with life imprisonment or death.
Decision: The High Court dismissed the petition and declined to grant regular bail to the petitioner. It held that given the seriousness of the offence, prima facie involvement of the petitioner, and the stage of trial, no case for grant of bail was made out despite the period of custody undergone.