Extracted from the PDF above. The PDF is authoritative.
CRA-S-3786-2025 -1-
Sr. No. Particulars Details 1 The date when the judgment is reserved 17.03.2026 2 The date when the judgment is pronounced 23.03.2026 3 The date when the judgment is uploaded on the website 23.03.2026 4 Whether only operative part of the judgment is pronounced or full judgment is pronounced Full 5 The delay, if any, of the pronouncement of full judgment, and reasons thereof Not applicable !
!
"" #
!
$ %%% " & "
'"'
("
)*++),)-'
!
"
"" . ( /"' " ! ""(
/0 1 )-2
)*,3),)- ("
! "+-4 +-5 6,) 2,3),+0 ! ")2 ! +525! "6
!
! &"'7
"
!"
"8! +5457
9 :&! ;8
"!
" <' ( #"
"! /"' ' "!
" PARVEEN SHARMA 2026.03.23 14:10 I attest to the accuracy and integrity of this document
CRA-S-3786-2025 -2-
(
( '""'
'"" ) <"!
!
"
"
"/0 ("
'" "
!"
'"
'
!"
,*,3),)- ("(
"(
"! "'
# " ("(
!!" '
!=!!
"
!
"
""(
"
""!"
"
' "(
"
"
> ! "
!"
"
"
"
' "(!
' "
<' ?
""@ "@ "
" "
6
("
" /0 "
"(
" !"(
""
"
!=!! '
,6,*),)- & "!
"
"(
""
"
!"
!!
0
"(
"
!
- &
"!
"(
( '" '
!
"
"". ( /"' "! "" "
)*++),)- 2 0
" ( ' !
" (
)*++),)-"
"'"
" "(
"
"
!"
!
!""!
! '
"'
& !""!"
"
(
"
!
'
!"
' PARVEEN SHARMA 2026.03.23 14:10 I attest to the accuracy and integrity of this document
CRA-S-3786-2025 -3-
A "@ <' ? "
"'
"@
& "@ "
!# "
"'
!=!! ' # @
"""!
"!( ' ! "+-4+-50 B"(" "
""
(
'' " "
"!!
""
@
""& "("
"!
" "
'C"""
"
!!
'!"
'"('"
'"
"0
"
(
'
" (""'
'
" 3
! (
"( "
!"
"
( "
(
" ("
"'
"
'C
'"
'"Therefore, it is stressed that the appeal does not deserve to be allowed. * & "
!
"
!"'(
4 The appellant is alleged to have formed membership of an unlawful assembly with the co-accused and in prosecution of common object thereof, the victim Davinder was shot at, whereas firearm injuries to one Babu Ram and injuries to four other members of the complainant were caused. As per the allegations levelled, Dheeraj , actual assailant of Davinder and nephew of the appellant, had brought the firearm of the appellant from his house on instigation of appellant himself and had used the same thereby killing Davinder. & (
"
! !
PARVEEN SHARMA 2026.03.23 14:10 I attest to the accuracy and integrity of this document
CRA-S-3786-2025 -4-
has been linked to the acts attributed with the aid of Section 149 IPC, which has the following ingredients;
1. There must be an unlawful assembly;
2. Commission of an offence may be by any member of the unlawful assembly; and
3. Such offence must have been committed in prosecution of the common object of the assembly, or must be such as the members of the assembly knew to be likely to be committed. 9. The allegations prima facie show his clear involvement/ participation in the occurrence while having knowledge that the such offences were likely to be committed in prosecution of common object. The allegations against the petitioner are serious in nature as he along with co-accused stands accused of a heinous crime punishable with capital punishment or life imprisonment.
While length of incarceration is a factor that weighs with the Court in considering bail, it cannot overshadow the seriousness of the accusation of murder under Section 302 IPC. The material witnesses are yet to be examined. !"
"!
C
!'
'
"
"
!
"# $$ % & $ ' ( ) $$ $ *
!+!,$ !-). . !! / & " '
" !" ! ("
!"!
!
""
"
"
""'
"
"0
" PARVEEN SHARMA 2026.03.23 14:10 I attest to the accuracy and integrity of this document
CRA-S-3786-2025 -5-
'
"! ! ( "(
" '
"!
"
!!" "!
"
' "! "
"
" ! It is well-settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstance of each case and there cannot be any exhaustive parameters set out for considering the application for grant of bail. The factors such as nature of accusations, severity of punishment if the accusations entail a conviction and nature of evidence in support of accusations are to be seen. That apart, reasonable apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should always be considered, and it is only the element of genuineness that has to be considered in the matter of grant of bail. 10. In light of the foregoing legal principles and other circumstances as discussed above, this Court finding no compelling ground to allow this appeal. Accordingly, the appeal is dismissed. 11. 0
" !""
'
" "'
'!
C"""
"
!
" !
!
"
12.
Since the main appeal has been dismissed, pending application, if any, is rendered infructuous. # $ %& '%()" PARVEEN SHARMA 2026.03.23 14:10 I attest to the accuracy and integrity of this document