In a petition under Section 439 CrPC seeking bail in an IPC cheating case, the court granted regular bail noting the petitioner had been in custody for over four months and that the trial court had not yet filed a charge sheet, making immediate trial unlikely.
Granted regular bail on furnishing of bail/surety bonds as per rules.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-17569 of 2012 (O&M) Date of decision: 09.08.2012
Gurmit Singh
....Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: - Mr. K.S. Hissowal, Advocate, for the petitioner. Mr. J.S. Bhullar, AAG, Punjab.
PARAMJEET SINGH, J. (ORAL)
This is a petition filed under Section 439 of the Code of Criminal Procedure for grant of concession of regular bail to the petitioner in case FIR No.43 dated 3.3.2012 under Sections 420/467/468/471/120-B IPC, registered at Police Station City-I, Moga, District Moga.
Learned counsel for the petitioner states that petitioner is behind bars for more than four months.
Learned State counsel, on instructions from the Head Constable Harmesh Lal, states that only challan has been presented and trial is yet to commence.
Taking into consideration the facts and circumstances of the case and the fact that trial would not be concluded in near future, petitioner can be granted concession of bail.
Without expressing any opinion on the merits of the case, the petition is allowed. Petitioner is ordered to be released on bail, on his furnishing bail bonds/surety bonds, to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Moga.
(Paramjeet Singh) Judge
August 09, 2012 R.S.
2 issues framed by the court
Whether the petitioner is entitled to regular bail despite pending investigation and trial initiation.
How lengthy delay in trial affects bail eligibility when prosecution is at charge sheet stage.
2 provisions across 2 enactments
Gurmit Singh
State of Punjab
Paramjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
