In a bail petition, the Punjab and Haryana High Court granted regular bail to the petitioner, noting his long custody, co-accused being released, lack of malafide intent, and no anticipated threat to witnesses or flight risk.
Petition for regular bail accepted; bail to the satisfaction of C.J.M./Duty Magistrate, Hoshiarpur.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 17457 of 2010 Date of decision:- 06.7.2010
Sandeep Kumar
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. Vikram Bali, Advocate for the petitioner.
Mr. K.D. Sachdeva, Addl. A.G. Punjab.
RAM CHAND GUPTA J.(Oral)
The present petition filed under Section 439 Cr.P.C. Is for grant of regular bail to the petitioner in case FIR No.162 dated 17.6.2009, under Sections 324,323,326,148 and 149 IPC, registered at Police Station Sadar, Hoshiarpur.
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 he has been continuing in custody since 09.5.2009 and that co-accused have already been released on bail. Further contended that the injury, for which offence under Section 326 IPC has been added, is on left index finger allegedly caused with a kirpan . Further contended that challan in this case has not been filed so far and that trial of the case is not likely to be concluded in near future.
These facts have not been disputed by learned counsel for the State.
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.
In view of these facts and without expressing any opinion on the merits of the case, the present petition for regular bail, filed by petitioner Sandeep Kumar is accepted.
Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate,
Hoshiarpur.
July 06, 2010 ( RAM CHAND GUPTA ) vj JUDGE
1 issue framed by the court
Whether the petitioner is entitled to a regular bail under Section 439 Cr.P.C. in a case involving sections 324, 323, 326, 148 and 149 IPC.
1 provisions across 1 enactments
Sandeep Kumar
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
