The High Court of Punjab and Haryana granted regular bail to the petitioner in a criminal trial pending for a long time under a magisterial court.
Petitioner ordered to be released on regular bail during the pendency of the trial to the satisfaction of the Chief Judicial Magistrate, Ludhiana.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-3675 of 2012 (O&M) Date of decision: 1st March, 2012
Subhash Chand
… Petitioner
Versus
State of Punjab and another
… Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Daygeesh Kumar Bhatti, Advocate for the petitioner.
Ms. Jaspreet Kaur, Assistant Advocate General, Punjab for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed under Section 439 Cr.P.C. praying for grant of regular bail to the petitioner in a case arising out of FIR No.256 dated 23.12.2011 registered at Police Station Sahnewal, District Ludhiana under Sections 408/120-B IPC, during pendency of the trial.
Case of the prosecution against the petitioner is that he was employed as a sales officer and was supplying biscuits and cakes of the factory to various dealers, and during the course of his employment he received the payment from dealers to whom the goods were supplied, but had not accounted for the same.
The petitioner is stated to be in custody since 29th December, 2011. Prosecution has submitted the report under Section
2
Criminal Misc. No. M-3675 of 2012 (O&M)
173 Cr.P.C. wherein 16 witnesses have been cited but till today, charges have not been framed.
Taking into consideration that it is a case of magisterial trial and the trial will take a long time to conclude, this Court is of the opinion that further detention of the petitioner in this case is not called for.
Hence, the present petition is accepted and the petitioner is ordered to be released, during pendency of the trial, to the satisfaction of Chief Judicial Magistrate, Ludhiana.
[KANWALJIT SINGH AHLUWALIA] JUDGE
March 1, 2012 rps
2 issues framed by the court
Whether regular bail should be granted to the petitioner under Section 439 Cr.P.C. in a case involving Sections 408 and 120-B IPC.
Whether the long pendency of a magisterial trial justifies the release of the petitioner from custody.
2 provisions across 2 enactments
Subhash Chand
State of Punjab
Another
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
