Petition filed under Section 439 CrPC for regular bail. Court allowed bail pending trial as challan not presented and trial unlikely to conclude soon, without adjudicating merits.
Petitioner admitted to bail pending trial subject to furnishing bail bonds to satisfaction of CJM/Duty Magistrate, Gurdaspur.
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CRM No.M-14267 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-14267 of 2012 (O&M)
Date of decision : 10.07.2012
Gurmeet Singh @ Gurjit Singh @ Sabi
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Ritesh Pandey, Advocate for the petitioner.
Mr. Luvinder Sofat, AAG, Punjab.
JITENDRA CHAUHAN, J. (Oral)
The petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.13 dated 15.3.2011 registered under Sections 323, 324, 326, 148, 149 of the Indian Penal Code at Police Station Rangar Nangal, Police District Batala, District Gurdaspur.
The learned counsel for the petitioner refers to Annexure P- 2 and states that initially, the petitioner was found innocent. However, as Annexure P-2 was not accepted by the Superintendent of Police, another inquiry was conducted. On the basis of the subsequent inquiry, the FIR was registered against the petitioner. The complainant is the
CRM No.M-14267 of 2012 (O&M) -2-
uncle of the petitioner. The petitioner is in custody since 03.04.2012.
The learned State counsel, on instructions from ASI
Sawambar Jeet Singh, submits that the investigation has been completed. The challan is likely to be produced shortly.
Heard.
The petitioner is in custody since 03.04.2012. The challan has not been presented as yet. The trial is not likely to be concluded in the near future.
Accordingly, without adverting to the merits of the case, the present petition is allowed. The petitioner be admitted to bail during the pendency of the trial subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Gurdaspur.
10.07.2012 atulsethi
(JITENDRA CHAUHAN) JUDGE
Note : Whether to be referred to reporter ? Yes / No
2 issues framed by the court
Whether the petitioner is entitled to bail by a regular application under Section 439 CrPC without adjudicating the merits of the case.
Whether the petitioner can be admitted to bail pending trial and subject to furnishing bail bonds.
1 provisions across 1 enactments
Gurmeet Singh @ Gurjit Singh @ Sabi
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
