Single judge granted regular bail to petitioner Avtar Singh under Section 439 Cr.P.C. The case offense was triable by Magistrate, investigation completed, and prosecution evidence delayed without cause.
Regular bail granted to the petitioner at the satisfaction of the Trial Court/Duty Magistrate, Samana.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 25242 of 2009 Date of decision:- 17.3.2010
Avtar Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. Mohd, Yousaf Advocate for the petitioner.
Mr. Gaurav Garg Dhuriwala, AAG 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. 157 dated 19.5.2009, under Sections 406 and 420 IPC, registered at Police Station Samana, District Patiala.
I have heard learned counsel for the parties and have gone through the whole record carefully.
It has been stated by learned counsel for the petitioner that he has been continuing in custody since 12.7.2009. He has further contended that case is triable by Magistrate and that investigation has already been completed. He has further submitted that the challan has also been filed and the charge was also framed on 17.11.2009. The first date of evidence of the prosecution was fixed as 01.12.2009 and that however, evidence has not been concluded so far despite the fact that about 3 months and 18 days have expired since the first date, fixed for evidence.
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.
Hence, in view of these facts and without expressing any opinion
Criminal Misc.No. M- 25242 of 2009
-2-
on the merits of the case, the present petition for regular bail, filed by petitioner Avtar Singh is accepted.
Bail to the satisfaction of the Trial Court/Duty Magistrate, Samana.
The present petition stands disposed of accordingly.
March 17, 2010 ( RAM CHAND GUPTA ) vj JUDGE
1 issue framed by the court
Whether the petitioner is entitled to regular bail in an offense triable by Magistrate where investigation and charge-framing are complete but evidence is delayed.
1 provisions across 1 enactments
Avtar Singh
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
