Single judge allowed bail petition for two accused chargesheeted under various IPC provisions triable by Judicial Magistrate Ist Class despite trial delay concerns.
Petitioners ordered to be released on bail pending trial subject to furnishing bail bonds to the satisfaction of the learned 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.
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Criminal Misc. No.M-22533 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-22533 of 2012 Date of Decision : November 03, 2012
Phool Singh & Anr.
...Petitioners
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Ms.Monisha Lamba, Advocate, for the petitioners. Mr.Anupam Sharma, AAG, Haryana.
Naresh Kumar Sanghi, J.
Prayer in this petition is for grant of regular bail to petitioners-Phool Singh and Kuldeep Singh, who have been booked for having committed the offences punishable under Sections 420, 467, 468 and 471 read with Section 120-B, IPC.
Learned counsel contends that the petitioners are behind the bars from 23.03.2012; the charge-sheet has already been filed before the learned Area Judicial Magistrate; the charges have been framed and it will take sufficient long time to conclude the trial. She further submits that all the offences for which the petitioners have been booked are triable by the learned Judicial Magistrate Ist Class.
Learned counsel for the State, on instructions from ASI Om Parkash, Police Station, City Fatehabad, District Fatehabad, has not controverted the factual aspects raised by learned counsel for the petitioners.
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Criminal Misc. No.M-22533 of 2012
Heard.
The petitioners are languishing in jail from 23.03.2012. All the offences for which the petitioners have been booked are triable by the learned Judicial Magistrate Ist Class. The charges have already been framed. The trial would take sufficient long time to conclude.
Without commenting on the merits of the case, the present petition is allowed. Petitioners-Phool Singh and Kuldeep Singh, permanent resident of Village Sidhan, Tehsil and District Fatehabad and now resident of H.No.A-4/48, Sector 20, Rohini, New Delhi, are ordered to be released on bail during the pendency of the trial subject to their furnishing bail bonds to the satisfaction of learned trial court.
November 03, 2012 seema
(Naresh Kumar Sanghi) Judge
1 issue framed by the court
Whether to grant bail to petitioners accused under Sections 420, 467, 468, 471 read with Section 120-B IPC pending trial.
1 provisions across 1 enactments
Phool Singh
Kuldeep Singh
State of Haryana
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
