In criminal miscellaneous petition, this court ordered release of petitioner Mukesh Kumar on bail. Petitioner was accused of cheating concerning college admissions. Bail granted pending trial for alleged cheating by Managing Society member.
Release on bail upon furnishing bail/surety bonds to satisfaction of trial court.
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-16069 of 2011 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-16069 of 2011
Date of Decision: August 23, 2011
Mukesh Kumar
…..Petitioner
Vs.
State of Haryana
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. Naresh Jain, Advocate for the petitioner.
Ms. Shalini Attri, DAG, Haryana.
-.-
M.M.S. BEDI, J. (ORAL)
Petitioner being one of the members of Managing Society of Haryana College of B.Ed. at Mundhal Road, Sorkhi, District Hissar, is responsible for cheating the complainant and others by giving them admission in the college.
After hearing counsel for the petitioner and State counsel it appears that the affiliation of the college has been suspended by the
Crl. Misc. No.M-16069 of 2011
[2]
Kurukshetra University for the purpose of running B.Ed. Course on account of admission of the students beyond the prescribed number.
Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner has been in custody w.e.f. April 26, 2011; challan stands presented; and trial is likely to take a long time.
In view of the above, the petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court. This order will not prejudice the rights of the complainant to seek the recovery/ damages for the alleged act of cheating.
August 23, 2011 (M.M.S.BEDI) sanjay JUDGE
2 issues framed by the court
Whether petitioner should be released on bail given his custody, long trial timeline, and charges of cheating.
Whether granting bail prejudices complainant's rights to seek recovery or damages.
Mukesh Kumar
State of Haryana
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
