In a bail petition under Sections 326/323/324/356/148/149 IPC, the High Court of Punjab and Haryana allowed the petition, holding that the petitioner deserves release due to the length of trial and detention period.
Petitioner ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Jalandhar.
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-11490 of 2009 Date of decision : 19.05.2009
Parminder Singh @ Prince
....Petitioner
V/s
State of Punjab
....Respondent.
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. A.S. Kalra, Advocate for the petitioner.
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 326/323/324/356/148/149 IPC at police station Nakodar, District Jalandhar vide FIR No. 75 dated 01.04.2008.
Learned counsel for the petitioner submits that petitioner is in custody since 05.03.2009. Learned counsel further submits that trial is likely to take quite some time to conclude, no useful purpose would be served by keeping the petitioner in custody during the pendency of the trial. According to the counsel, role of the petitioner in the occurrence is doubtful.
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.
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
Crl. Misc No. M-11490 of 2009
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considered view that petitioner deserves to be released on bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Jalandhar.
19.05.2009 Ajay
(RAJAN GUPTA) JUDGE
3 issues framed by the court
Whether the petitioner deserves bail given the period of detention and the length of the trial
Whether the serious nature of allegations alone precludes bail in this case
Whether the petitioner's doubtful role in the occurrence warrants release on bail
1 provisions across 1 enactments
Parminder Singh @ Prince
State of Punjab
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
