In a bail petition under Section 439 Cr.P.C., the court granted regular bail to a 70-year-old petitioner accused in forgery and cheating offences, noting the investigation was complete and trial was pending.
Petitioner ordered to be enlarged on regular bail before Chief Judicial Magistrate or Duty Magistrate, Bathinda.
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-21132 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M-21132 of 2009
Date of decision : 17.11.2009
Lachhman Singh
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. PKS Phoolka, Advocate for the petitioner.
Mr. Shailesh Gupta, DAG Punjab.
RAJAN GUPTA J. (ORAL)
This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in a case registered vide FIR No. 298 dated 02.05.2009 under Sections 419, 420, 467, 468, 471, 148, 149 & 120-B at Police Station Kotwali District Bathinda.
Learned counsel for the petitioner has argued that the petitioner has been in custody since 12.06.2009 and the case is triable by the Magistrate. According to the counsel, petitioner is more than 70 years of age. Learned counsel submits that investigation of the case has already been completed and trial of the case is in progress and, thus, no useful purpose would be served by detaining the petitioner in custody during the pendency of the trial.
Learned counsel for the State has, however, opposed the prayer for bail on the ground that allegations against the petitioner are serious in
Crl. Misc No. M-21132 of 2009
2
nature.
However, without expressing any opinion on the merits of the case at this stage and taking into consideration the period of incarceration already suffered by him and the fact that trial may take some time to conclude, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and he is ordered to be enlarged on bail to the satisfaction Chief Judicial Magistrate/Duty Magistrate, Bathinda.
17.11.2009 Ajay
(RAJAN GUPTA) JUDGE
2 issues framed by the court
Whether regular bail should be granted to the petitioner under Section 439 Cr.P.C. to enable trial conclusion.
Whether the long period of incarceration and advanced age of the petitioner justify granting bail.
1 provisions across 1 enactments
Lachhman Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
