COURT OF PUNJAB & HARYANA AT CHANDIGARH…
Petitioner ordered to be released on bail by furnishing bail bonds/surety bonds to the satisfaction of the trial Court.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 3842 of 2009 DATE OF DECISION 4.5.2009
Harbans Singh
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Vibhor Taneja, Advocate Mr. PS Sidhu, Addl.A.G.Punjab
M.M.S.BEDI,J.
The petitioner seeks the concession of regular bail in a case registered at the instance of Ram Dass, alleging that his vehicle Tavera, which was hired by three persons to carry a patient from Rajendra Hospital, Patiala to Balachaur had been robbed in the way along with his cell phone, a sum of Rs.2000/- and his driving licence.
Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner has been involved in this case four months after the occurrence on the basis of his disclosure statement made in a criminal case i.e FIR No.200 of 2007 u/s 399/402/382 IPC registered at P.S.Civil Lines, Amritsar. So far as the identification of the accused is concerned, as per the identification memo, the petitioner is one of the four persons identified by the complainant though only three persons are named in the FIR. The petitioner has been in custody since 7.7.2007 and till date no prosecution witness has been examined.
Taking into consideration the period of detention suffered by the petitioner and the nature of the allegations levelled against him, he can be granted the concession of bail.
The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court.
3 issues framed by the court
Whether petitioner is eligible for regular bail after four months of detention.
Whether the lack of prosecution witness examination supports bail grant.
Whether petitioner can be released on furnishing bail bonds.
Harbans Singh
State of Punjab
M.M.S.BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
