In a criminal bail petition under Section 439 CrPC, the High Court granted regular bail to two petitioners who were in custody, reasoning that co-accused had already been released on bail orders from the same court.
Petitioners admitted to bail subject to the satisfaction of the Chief Judicial Magistrate or Duty Magistrate Hoshiarpur.
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
Criminal Misc. No.M-18079 of 2010 (O&M) Date of decision: 19.8.2010
Daljit Kumar @ Boby and another
......Petitioners
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.JBS Gill, Advocate, for the petitioners.
Mr.Amandeep Singh Rai, AAG, Punjab.
Mr.K.S.Kahlon, Advocate.
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. 20 dated 20.2.2008, under Sections 148, 302, 149 and 120-B of the Indian Penal Code registered at Police Station Mukerian District Hoshiarpur.
Learned counsel for the petitioners has submitted that coaccused Balbir Kaur and Deepak Kumar have since been allowed bail by this Court. The petitioners are in custody since 22.2.2008
Learned State counsel, on the other hand, has opposed this petition.
As per the prosecution case, co-accused Balbir Kaur was
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Criminal Misc. No.M-18079 of 2010 (O&M)
allegedly having an affair with petitioner No.1 Daljit Kumar @ Boby. Both of them had allegedly hired petitioner No.2 Rui Dass @ Mau and Deepak Kumar to commit the murder of Dilbag Singh. Since Balbir Kaur and Deepak Kumar have been allowed bail by this Court, it would be just and expedient to grant bail to the present petitioners also.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioners are ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Hoshiarpur.
(SABINA) JUDGE
August 19, 2010 anita
1 provisions across 1 enactments
Daljit Kumar @ Boby and another
State of Punjab
Sabina, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
