The High Court allowed a bail petition filed by Subhash and another in a case under multiple sections of the Indian Penal Code, granting bail to satisfy the local Magistrate despite an appearance warrant being issued.
Bail granted to be satisfied by the Chief Judicial Magistrate/Duty Magistrate, Nuh, District Mewat.
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.
Crl. Misc. No. M-14186 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-14186 of 2009
Date of Decision : July 01, 2009
Subhash and another .... Petitioners Vs. State of Haryana .... Respondent
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
Present : Mr. Narinder Singh, Advocate for Mr. Sarfraj Hussain, Advocate for the petitioners.
Mr. Sidharth Sarup, AAG, Haryana.
L. N. MITTAL, J. (Oral) :
Subhash and his father Sampat have filed this petition for bail in case FIR No. 67 dated 12.03.2008, under Sections 323, 325, 452, 376, 506, 34 of the Indian Penal Code, registered at Police Station Punhana, District Mewat.
I have heard learned counsel for the parties and perused the
case file.
I need not go into the merits of the case. The petitioners were already on bail. However, due to death of father-in-law of petitioner no.2 Sampat, the petitioners could not appear before the trial court on 26.02.2009 and even an application for exemption from personal appearance was
Crl. Misc. No. M-14186 of 2009 2
moved, but the said application was not accepted and warrants of the petitioners were issued. The petitioners appeared before the trial court on the next date of hearing i.e. on 17.03.2009 and are in custody since then.
The petitioners are in custody since 17.03.2009 i.e. for the last 3½ months. They had jumped bail by absenting from the trial court on one date of hearing only and that too, on account of death of their close relative.
In view of the aforesaid, without commenting anything on the
merits, the instant bail petition is allowed.
Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Nuh (District Mewat).
July 01, 2009 ( L. N. MITTAL ) monika JUDGE
2 issues framed by the court
Whether to allow the bail petition despite a lapse warranting fine due to failure to appear in court considering the illness of a relative of one of the petitioners.
What conditions should be imposed for the bail of the petitioners.
1 provisions across 1 enactments
Subhash and another
State of Haryana
L. N. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
