Petitioner sought regular bail under Section 439 CrPC for charges under IPC and Arms Act. Court dismissed the application at the hearing stage noting that challan is filed and witnesses are yet to be examined and no opportunity to cross-examine or examine witnesses has been given till then.
Application for regular bail dismissed at the current stage.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-29887 of 2012 Date of decision: 12.10.2012
Gurbaj Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.JS Brar, Advocate for the petitioner
Mr.Mehardeep Singh, DAG, Punjab
Jitendra Chauhan, J. (Oral)
By filing the present petition under Section 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in case FIR No. 13, dated 27.3.2012, registered under Sections 399, 402, 411 of the Indian Penal Code and Sections 25/ 54/59 of the Arms Act at Police Station Kotbhai, District Muktsar Sahib.
Heard.
The challan has been filed. The PWs are yet to be examined. The petitioner is in custody since 27.3.2012.
Dismissed at this stage.
12.10.2012 (JITENDRA CHAUHAN) gsv JUDGE
2 issues framed by the court
Whether to grant regular bail to the petitioner under Section 439 CrPC in the said FIR.
Whether to proceed with bail application while challan is filed but witnesses are yet to be examined.
3 provisions across 3 enactments
Gurbaj Singh
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
