The High Court allowed a bail petition filed by a petitioner accused under various IPC sections and the Arms Act, ordering his release based on the duration of incarceration and the fact that co-accused had already been granted anticipatory bail.
Petitioner ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Moga.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M-10321 of 2009 Date of decision : 21.05.2009
Navdeep Singh
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. N.S. Dhandiwal, Advocate for the petitioners.
Mr. Shailesh Gupta, DAG Punjab.
RAJAN GUPTA J. (ORAL)
This is a petition for regular bail in a case registered against the petitioner under Sections 452/324/323/326/506/148/149 IPC and 25/54/59 of the Arms Act at police station Badhni Kalan, District Moga vide FIR No. 74 dated 25.07.2008.
Learned counsel for the petitioner submits that only role attributed to the petitioner is a 'Khanda' blow on the left side of the head of the complainant which is stated to be simple in nature. Learned counsel has drawn the attention of this Court to the fact that all other accused have been granted the concession of anticipatory bail by this Court. Learned counsel further submits that petitioner has already undergone incarceration since 18.03.2009 and to incarcerate the petitioner indefinitely would not advance the course of justice in any manner.
Learned counsel for the State has however, opposed the grant of bail to the petitioner on the ground that allegations against the petitioner are serious in nature.
Crl. Misc No. M-10321 of 2009
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Without expressing any opinion on the merits of the case and taking into consideration the period of detention already suffered by him and the fact that trial may take some time to conclude, I am of the considered view that petitioner deserves to be released on bail especially when the co-accused of the petitioner have already been granted similar relief. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Moga.
21.05.2009 Ajay
(RAJAN GUPTA) JUDGE
1 issue framed by the court
Whether petitioner deserves regular bail considering the period of detention suffered and the nature of allegations.
2 provisions across 2 enactments
Navdeep Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
