Allowed

Natha Singh v. Ut of Chandigarh and Ors.

Punjab & Haryana HC18 Oct 2012CRM-M/26482/2012

Case brief

AI extract

What is this about?

Allowed bail petition under Section 439 Cr.P.C. for a 70-year-old petitioner accused under Section 395 IPC. Court held non-arrest of co-accused attributed to administration deficiencies and no purpose served by further incarceration, issued bail order.

What did the court decide?

Petitioner admitted to bail during pendency of trial upon furnishing bond to satisfaction of Chief Judicial Magistrate/Duty Magistrate.

Natha Singh Vs Ut of Chandigarh and Ors. — Bail and Remand | Punjab & Haryana HC (2012)

¶1

CRM No.M-26482 of 2012 (O&M)

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM No.M-26482 of 2012 (O&M)

¶5

Date of decision : 18.10.2012

Natha Singh

...Petitioner

Versus

Union Territory, Chandigarh and others

¶10

...Respondents

¶11

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

¶12

Present: Mr. Jasbir Singh, Advocate for the petitioner.

¶13

Mr. D.D. Sharma, Advocate for UT Chandigarh.

¶14

JITENDRA CHAUHAN, J. (Oral)

¶15

The petitioner has approached this Court under Section 439 of the Code of Criminal Procedure (for short, 'Cr.P.C.') for grant of regular bail in case FIR No.139 dated 29.07.2012, registered under Sections 395 of the Indian Penal Code, registered at Police Station Sector 19, U.T. Chandigarh.

¶16

The learned counsel for the petitioner contends that the petitioner, who is 70 years of age, is in custody since 29.07.2012. Challan stands presented. He is a Sewadar with the Gurudwara Sahib,

¶17

for the last more than 20 years and residing in the Gurudwara Sahib itself.

¶18

CRM No.M-26482 of 2012 (O&M) -2-

¶19

On the other hand, the learned counsel for U.T.

¶20

Administration, on instructions from SI Sucha Singh, states that the other co-accused, namely, Baba Kanwaljit Singh, Jaswinder Singh and Gurdeep Singh, are yet to be arrested, and threatening calls are being received.

¶21

The fact that the co-accused have not been arrested cannot be attributed to the petitioner. Challan stands presented. The petitioner is more than 70 years of age. Therefore, no purpose would be served by keeping the petitioner under further incarceration.

¶22

In view of the above, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner be admitted to bail during the pendency of the trial subject to her furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Chandigarh.

¶23

The petition stands disposed of accordingly.

¶24

18.10.2012 atulsethi

¶25

(JITENDRA CHAUHAN) JUDGE

¶26

Note : Whether to be referred to the reporter ? Yes / No.

Natha Singh v. Ut of Chandigarh and Ors.

Case brief

What is this about?

What did the court decide?

Natha Singh v. Ut of Chandigarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hardev Singh and Ors. Vs State of Punjab and Ors.

M/S Jain Udhay Hosiery Pvt. Ltd. and Anr. Vs M/S Mahaluxmi Silk Store

M/S Jain Udhay Hosiery Pvt. Ltd. and Anr. Vs M/S Mahaluxmi Silk Store

Nazar Singh & Ors. Vs State of Punjab and Another

Iqbal Singh and Ors. Vs State of Punjab and Ors.

Nirmaljit Singh Vs State of Punjab