High Court allowed bail petition filed under Section 439 CrPC. Court ordered petitioner released subject to magistrate satisfaction, noting he was in custody since 29.3.2010.
Petition allowed; petitioner ordered admitted to bail subject to satisfaction of Chief Judicial Magistrate/Duty Magistrate Sonepat.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 31845 of 2010 (O&M) Date of decision: 15.12.2010
Naresh
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Ashit Malik, Advocate, for the petitioner.
Ms.Latika Rao, 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. 60 dated 26.3.2007, under Sections 392/ 397/ 411 of the Indian Penal Code and Section 25 of the Arms Act registered at Police Station Kharkhoda District Sonepat.
Learned counsel for the petitioner has submitted that the petitioner was not apprehended at the spot. The car was recovered from the three other co-accused and the name of the petitioner figured during investigation. However, service of summons was not effected on the petitioner. Now the petitioner is in custody since 29.3.2010. The petitioner is not involved in any other criminal case.
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Criminal Misc. No.M- 31845 of 2010 (O&M)
Learned State counsel, on the other hand, has opposed this petition. On a query put by this Court, learned State counsel, on instructions from ASI Devi Singh, has submitted that the petitioner is not involved in any other criminal case.
Keeping in view the fact that recovery of the car was not effected from the petitioner and the fact that he is in custody since 29.3.2010, 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 Sonepat.
(SABINA) JUDGE
December 15, 2010 anita
1 issue framed by the court
Whether to grant bail to the petitioner under Section 439 CrPC in a case involving sections 392/397/411 IPC and section 25 Arms Act.
1 provisions across 1 enactments
Naresh
State of Haryana
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
