In this bail petition under Section 439 Cr.P.C. regarding kidnapping and abduction, the single-judge High Court released the petitioner on bail, noting that investigation was complete and prolonged detention served no useful purpose.
Petitioner to be released on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Bhiwani.
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.
Crl. Misc. No. M-10505 of 2011 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
Crl. Misc. No. M-10505 of 2011 (O&M) Date of decision : 24.5.2011
Ravinder son of Ram Avtar ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Ajay Vijaraniya Advocate for the petitioner. Mr. Vikas Malik, Assistant Advocate General, Haryana.
Rajan Gupta, J.
This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 363 & 366 IPC at Police Station City Bhiwani, vide FIR No.678 dated 12.11.2010.
It appears that at some stage, the prosecutrix had made a statement before the Magistrate that she did not want to accompany her parents and thus was lodged in the Nari Niketan . The petitioner is stated to be in custody since 30th November, 2010.
Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. He, however, submits that investigation has been completed and trial is in progress.
Heard.
Keeping in view the facts and circumstances of the case and the period of incarceration of the petitioner as also the fact that trial may
Crl. Misc. No. M-10505 of 2011 2
take some time to conclude, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody any longer. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Bhiwani.
(RAJAN GUPTA) JUDGE
24.5.2011 'rajpal'
1 issue framed by the court
Whether the petitioner, in custody since November 30, 2010, should be granted bail given the completion of investigation in an IPC 363 & 366 case.
1 provisions across 1 enactments
Ravinder son of Ram Avtar
State of Haryana
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
