The High Court disposed of a bail petition by the petitioner when he sought permission to withdraw the petition and surrender for regular bail, granting liberty to approach the court under S. 439 Cr.P.C.
Permission to withdraw petition granted; liberty to avail remedy u/s 439 Cr.P.C.; bail application on surrender to be decided within 3 days.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH.
Cr.Misc.M 32513 of 2009 Date of decision: 4.5.2010
Rajinder Singh
Petitioner
vs.
State of Haryana.
Respondent
Present: Mr. RS Rai,Sr.Advocate with Mr. Meenakshi Dogra, Advocate. Mr. YP Malik, DAG, Hry Mr. NK Sanghi, Advocate.
M.M.S.BEDI,J.
Learned counsel for the petitioner, on the instructions of his client, submits that the petitioner has already put in appearance before the investigating officer pursuant to the interim order passed by this court, as such he is not required for custodial interrogation. However, he seeks permission to withdraw this petition at this stage with a request that the petitioner may be permitted to surrender before the Illaqa Magistrate or the investigating officer to enable him to seek the remedy of regular bail.
Disposed of as withdrawn with liberty to the petitioner to avail the remedy u/s 439 Cr.P.C. in accordance with law. It is ordered that in case the petitioner voluntarily surrenders before the Illaqa Magistrate, his application for regular bail will be decided expeditiously, preferably within a period of 3 days subject to the request of the investigating agency for any remand or otherwise. The period of remand, if any, would be excluded from the period of 3 days.
May 4 ,2010 ( M.M.S.BEDI ) TSM JUDGE
Rajinder Singh
State of Haryana
M.M.S. Bedi
As recorded by the court registry
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