Petitioner sought regular bail under Section 439 CrPC in a dacoity case. Court released him on bail without delving into merits, noting the delay in trial and length of custody since arrest date.
Petitioner admitted to bail subject to satisfaction of Chief Judicial Magistrate/Duty Magistrate Palwal.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 17162 of 2010 (O&M) Date of decision: 27.8.2010
Juber
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Ms.Monisha Lamba, Advocate, for the petitioner.
Mr.Amandeep Singh , AAG, Haryana.
SABINA, J.
This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 49 dated 3.2.2010, under Sections 399, 402 of the Indian Penal Code read with Section 25 of the Arms Act, 1959 registered at Police Station Sadar Palwal District Palwal.
The allegation against the petitioner is that he along with his co-accused was making preparation to commit dacoity.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 3.2.2010. Now the case is fixed before the trial Court for prosecution evidence. The petitioner is not required for further investigation.
Criminal Misc. No.M- 17162 of 2010 (O&M) -2-
Learned State counsel, on the other hand, has opposed this petition. On a query put by this Court, learned State counsel, on instructions from HC Pawan Kumar, has submitted that the petitioner is not involved in any other criminal case.
Keeping in view the fact that the petitioner is in custody since 3.2.2010 and conclusion of trial may take time, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Palwal.
(SABINA) JUDGE
August 27, 2010 anita
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC being in custody since the date of arrest.
1 provisions across 1 enactments
Juber
State of Haryana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
