The High Court of Punjab and Haryana granted regular bail to the petitioner, who was accused of culpable homicide by attempting to make his wife drink phenyl, noting that further detention was pointless as investigation was complete.
Petitioner is ordered to be enlarged on regular bail.
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.
Criminal Misc. No. M-1583 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-1583 of 2011 Date of decision : 26.05.2011
Rajesh
....Petitioner
V/s
State of Haryana
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. J.P. Sharma, Advocate for the petitioner.
Mr. Kartar Singh, DAG Haryana.
RAJAN GUPTA J. (ORAL)
This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 320 dated 08.09.2010 under Sections 498-A/307/34 IPC at Police Station Mohindergarh.
Learned counsel for the petitioner contends that petitioner is in custody since 17.09.2010 and one prosecution witness has already been examined. He submits that allegation against the petitioner is that he compelled his wife to drink phenyl and manhandled her due to which she became unconscious. He submits that no useful purpose would be served by detaining the petitioner in custody during the pendency of trial.
Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious. He, however, does
Criminal Misc. No. M-1583 of 2011
2
not dispute the fact that investigation has been completed and one prosecution witness has already been examined.
Keeping in view the aforesaid contentions, period of incarceration of the petitioner and the fact that trial may still take long time to conclude, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Narnaul.
May 26, 2011 (RAJAN GUPTA) Ajay JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regular bail when detention serves no useful purpose and trial is expected to be long.
Whether completion of investigation and examination of one witness are sufficient grounds to grant bail.
1 provisions across 1 enactments
Rajesh
State of Haryana
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
