Single judge allowed regular bail to the petitioner accused under Sections 406/420/467/468/471 IPC, noting the matter was compromised and no prosecution evidence existed yet.
Bail to the satisfaction of CJM/Duty Magistrate, Ropar.
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- 15376 of 2010(O&M) Date of Decision: July 14, 2010.
Soni @Sohan Singh
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT(s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Pankaj Sharma, Advocate for the petitioner.
Mr. K.D.Sachdeva, Addl.A.G., Punjab.
RAM CHAND GUPTA, J.(Oral)
This is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No. 134 dated 15.09.2009, under Sections 406/420/467/468/471 IPC, registered at Police Station Sadar, Roopnagar, District Ropar.
I have heard learned counsel for the parties and gone through the
record.
It has been argued by the learned counsel for the petitioner that petitioner has been continuing in custody since 09.04.2010. It is further contended that the matter has since been compromised between the parties vide Annexure P2 and petition under Section 482 Cr.P.C. for quashing of
2
aforementioned FIR on the basis of compromise has also been filed by the petitioner. It is further contended that moreover trial is not likely to be concluded in near future as even challan has not been presented so far.
It has been stated by learned counsel for the State that factum of
compromise is not in the knowledge of the Investigating Officer and however, other facts are not disputed.
There are no allegations on behalf of the State that 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, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Soni @Sohan Singh, is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Ropar.
July 14, 2010. 'om'
( RAM CHAND GUPTA ) JUDGE
1 issue framed by the court
Whether bail should be granted to the petitioner who has remained in custody since 09.04.2010.
1 provisions across 1 enactments
Soni @Sohan Singh
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
