The High Court entertained a bail petition filed under Section 439 Cr.P.C. for offenses under both IPC and comparable counts. Noting absence of grounds to believe the petitioner would abscond, the Court accepted the bail request.
Regular bail granted in the satisfaction of Chief Judicial Magistrate/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.
Criminal Misc.No. M- 11506 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 11506 of 2010 Date of decision:- 05.7.2010
Rozwinder Singh @ Roza
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. Parminder Singh-I, Advocate for the petitioner.
Mr. K.D. Sachdeva, Addl.A.G. Punjab.
RAM CHAND GUPTA J.(Oral)
Present petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.88 dated 30.09.1999, under Sections 304,323,148,149 IPC, registered at Police Station Raman, District Bathinda.
I have heard learned counsel for the parties and have gone through the whole record carefully.
It has been contended by learned counsel for the petitioner that the petitioner is attributed only simple injuries and that he was allegedly armed with iron pipe. Further contended that co-accused Wahe Guru Singh was armed with 'Kasia' and simple injury was attributed to him as well. Further contended that case of the present petitioner is on similar footing as that of Wahe Guru Singh, who was granted bail by a co-ordinate Bench of this Court in Criminal Misc. No.M-2634 of 2010 vide Annexure P-1. Further contended that trial of the case is not likely to be concluded in near future as only three witnesses have been examined, however, they are yet to be cross-examined. Further contended that the petitioner is continuing in custody since 02.10.2009.
Learned counsel for the respondent-State has not disputed these
facts.
Criminal Misc.No. M- 11506 of 2010
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There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, in view of the above facts and without expressing any opinion on the merits of the case, the present petition for regular bail moved by petitioner Rozwinder Singh @ Roza is accepted.
Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate,
Bhathinda.
July 05, 2010 ( RAM CHAND GUPTA ) vj JUDGE
1 issue framed by the court
Whether to grant regular bail to the petitioner under Section 439 Cr.P.C. given that he is in continued custody and no grounds of absconding are alleged.
1 provisions across 1 enactments
Rozwinder Singh @ Roza
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
