The High Court allowed the petitioner's application for bail, directing her release to the satisfaction of the trial court after she was in custody for approximately three months pending charge framing.
Petitioner directed to be released on bail to the satisfaction of the trial Court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-16377 of 2009 (O&M) Date of Decision:- 17 .08.2009
Raj Kaur
....Petitioner(s)
vs.
State of Punjab
....Respondent(s)
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present:Mr.Rakesh Gupta, Advocate, for the petitioner.
Mr.Amandeep Singh Rai, AAG, Punjab.
AUGUSTINE GEORGE MASIH, J.
Counsel for the petitioner contends that the petitioner is in custody since 18.5.2009 and after completion of the investigation, challan has been presented. He further submits that the trial is not likely to conclude soon and no useful purpose would be served by keeping her further in custody.
Counsel for the State, on the other hand, submits that the case is now fixed for 22.8.2009 for framing of charge.
Keeping in view the totality of the facts and circumstances of the case and the fact that the trial has only started and the petitioner is in custody since 18.5.2009 for the last about 3 months, the application is allowed and he is directed to be released on bail to the satisfaction of the trial Court.
August 17, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE
2 issues framed by the court
Whether the petitioner should be released on bail pending trial.
Whether the length of custody serves any useful purpose.
Raj Kaur
State of Punjab
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
