Single judge allowed petition for regular bail under Section 439 Cr.PC, holding no useful purpose served by further detention as case is Magistrate-triable and custody period was nearly two months.
Petitioner directed to be enlarged on bail on bail bonds to the satisfaction of the competent Magistrate.
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Criminal Misc. No. 28537 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. 28537 of 2009 Date of decision: November 13, 2009
Rajesh Goel -Petitioner
Versus
State of Haryana -Respondent
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. Vikas Kumar, Advocate, for the petitioner. Mr. Gaurav Dhir, AAG, Haryana.
Rajan Gupta, J.(Oral)
This is a petition under Section 439 Cr.PC seeking regular bail in a case registered against the petitioner under Sections 365/384/342/170 & 506 IPC at police station City Ballabgarh vide FIR No. 562 dated 22-9-2009.
Learned counsel for the petitioner submits that there is a delay of 7 days in lodging the FIR. According to him, petitioner is in custody since 23-9-2009 and the case is triable by the Magistrate. Counsel submits that no useful purpose would be served by detaining the petitioner in custody during trial.
Prayer for bail is opposed by learned State counsel on the ground that the allegations are serious in nature.
I have heard learned counsel for the parties.
Keeping in view the fact that the petitioner has been in custody for almost two months and the case is triable by the Magistrate, no useful
Criminal Misc. No. 28537 of 2009 2
purpose would be served by detaining him in custody any longer during trial. Without expressing any opinion on merits of the case, petitioner is directed to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Faridabad.
Petition stands allowed.
[Rajan Gupta] Judge
November 13, 2009. 'ask'
1 issue framed by the court
Whether the petitioner is entitled to regular bail given that the case is triable by a Magistrate and the petitioner has been in custody for almost two months.
2 provisions across 2 enactments
Rajesh Goel
State of Haryana
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
