The High Court of Punjab and Haryana granted regular bail to the petitioner under Section 439 CrPC, noting the lack of admissible evidence and no likelihood of absconding.
Regular bail to the satisfaction of CJM/Duty Magistrate, Gurgaon, is allowed.
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.
CRM No.M-3137 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 3137 of 2012(O&M) Date of Decision: May 9, 2012.
Bashir.
...... PETITIONER(s)
Versus
State of Haryana.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Sarfraj Hussain, Advocate, for the petitioner.
Mr. Anmol Malik, AAG, Haryana.
RAM CHAND GUPTA, J.(Oral)
This is an application for regular bail filed under Section 439 of Code of Criminal Procedure in FIR no.46 dated 27.03.2011, under Sections 392/395/397/201/411 IPC, registered at police station Farrukh Nagar, District Gurgaon.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Gurgaon dismissing bail application filed on behalf of the petitioner.
It has been contended by learned counsel for the petitioner that
CRM No.M-3137 of 2012
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there is no legally admissible evidence against present petitioner-accused. It is further submitted that no recovery was effected from present petitioner and that he is being implicated on the alleged statements of co-accused, Jamshed and Amjad that they had looted the truck and handed over the same to present petitioner. It is further contended that petitioner has been continuing since 14.04.2011 and that trial is not likely to be concluded in near future as only five witnesses have been examined so far.
These facts have not been disputed by learned counsel for the State, on instruction from SI Narotam Parshad.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Bashir is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Gurgaon.
May 9, 2012. ‘om’
( RAM CHAND GUPTA ) JUDGE
1 issue framed by the court
Whether the application for regular bail under Section 439 CrPC ought to be allowed in the facts and circumstances of the case.
1 provisions across 1 enactments
Bashir
State of Haryana
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
