In a bail application for alleged illegal occupation and forgery, the Single Judge allowed the petition without expressing an opinion on the merits, releasing the female petitioner on bail to enable a long trial.
Petitioner released on bail by furnishing bonds to the satisfaction of the Judicial Magistrate, Panchkula.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
-.-
Crl. Misc. No. M- 5120 of 2009 Date of Decision:- 10.3.2009
Shakuntla Devi Versus
State of Haryana.
Present:- Mr. Shailender Kashyap, Advocate, for the petitioner.
Mr. S.S.Goripuria, DAG, Haryana.
M.M.S.BEDI. (J) (Oral)
Petitioner is a female seeking concession of bail in a case registered at the instance of Piar Chand to the effect that the petitioner has illegally occupied the house No. 663, Sector 12, Panchkula by forging false documents. The petitioner is also let out the said house by forging fake General Power of Attorney and agreement.
The complainant, on the other hand, claims to be real General Power of Attorney of the said house. There appears to be a family dispute after the death of Shakti Chand.
Petitioner is a female and has been in custody since 27.1.2009. The trial is likely to take a long time. It will not be prudent to keep the female in custody during the entire period of trial.
Without expression of any opinion on merit of the case, petition is allowed. Petitioner is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Panchkula.
March 10, 2009 tripti
(M.M.S.Bedi) Judge
3 issues framed by the court
Whether to grant bail to the female petitioner accused of illegal occupation and forgery given the long duration of the trial.
Whether it is prudent to keep the accused female in custody during the entire period of trial.
Whether to grant bail on furnishing surety bonds.
Shakuntla Devi
State of Haryana
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
