Petition for regular bail under Section 437 CrPC filed for offences under IPC 326, 328, 377, 506. Court ordered complainant to appear and release on bail after testimony regardless of appearance.
Petitioner released on bail to satisfaction of trial court after complainant's testimony.
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CRM-M No. 20256 OF 2011
Geeta Mahant Cheli Giano Mahant v. State of Punjab
Present: Mr. JBS Gill, Advocate for the petitioner.
Mr. Rajinder Mathur, A.A.G., Punjab.
Mr. Hitesh Sood, Advocate for respondent No.2-complainant.
This is a petition for regular bail filed in case bearing FIR No. 181 dated 21.11.2010, under Sections 326, 328, 377 and 506 IPC, registered at Police Station Model Town, Hoshiarpur.
On 18.07.2011 the following contention was recorded:-
“ Learned counsel states that the petitioner has now been in custody since 22.11.2010 and there is no likelihood of the trial concluding in the near future.”
Learned counsel for the complainant and learned AAG, on instructions from ASI Surinder Singh, have stated that out of nine, one witness has been examined and the matter is now fixed for 29.08.2011. They have prayed that the petitioner should not be released on bail till the evidence of the complainant at least is not led.
In the circumstances I direct that the complainant should appear on 29.08.2011 to give his testimony and thereafter the petitioner be released on bail to the satisfaction of the trial Court regardless of whether the complainant appears or not.
With the aforesaid observations,the petition stands disposed of.
(AJAY TEWARI) JUDGE
August 11, 2011 sunita
2 issues framed by the court
Whether the petitioner is eligible for regular bail given the uncertainty of trial conclusion and single witness examined.
Whether the petitioner can be released on bail irrespective of the complainant's appearance in court.
Geeta Mahant
Cheli Giano Mahant
State of Punjab
Complainant
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
