The High Court of Punjab and Haryana granted regular bail to the petitioner under Section 439 Cr.P.C. in an FIR involving offences under Sections 489-A, 489-B IPC and the Arms Act, noting that the petitioner had already been in custody for more than three months.
Petitioner granted regular bail to the satisfaction of the trial Court/Duty Magistrate.
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.
CRM-M No.22837 of 2011(O&M)
::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.22837 of 2011 (O&M) Date of decision : 05.10.2011
Harbir Singh @ Bir Singh
...... Petitioner
v.
State of Punjab
...... Respondent
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
Present : Ms. G.K. Mann, Advocate for the petitioner.
Mr. S.S. Chandumajra, D.A.G., Punjab.
AJAY TEWARI, J. (Oral)
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.11 dated 15.04.2011 registered under Sections 489-A, 489-B, 489-C, 420, 120-B IPC and Sections 25, 54 and 59 of the Arms Act at Police Station State Special Operation Cell, Amritsar.
On 29.07.2011 the following contention was noticed:-
“Learned counsel states that the petitioner cannot be accused of offence under Sections 489 (A) and 489(B) IPC and offence under Section 489(C) IPC is bailable and as regards the
::2::
CRM-M No.22837 of 2011(O&M)
recovery of country made pistol, he has been in custody for more than three months.”
Learned Deputy Advocate General has accepted the fact that the petitioner has now been in custody since 15.04.2011 though he denies the fact that the petitioner can not be accused of offence under Sections 489-A and 489-B IPC.
In my opinion that would be a matter of evidence but in any case the period of incarceration already suffered by the petitioner entitles him to the concession of bail.
In this view of the matter, without going into the merits of the case, I deem it appropriate to release the petitioner on regular bail to the satisfaction of the trial Court/Duty Magistrate.
Ordered accordingly.
Petition stands disposed of.
( AJAY TEWARI ) October 05, 2011 JUDGE ashish
2 issues framed by the court
Whether the petitioner is entitled to regular bail after being in custody for over three months on bailable and cognizable offences.
How to deal with bail petitions where incarceration period has become excessive without a first opportunity of bail application.
1 provisions across 1 enactments
Harbir Singh @ Bir Singh
State of Punjab
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
