Court allowed regular bail application filed by Rajbir Singh under Section 439 CrPC. Bail granted pending the disposal of the application in the trial court considering the duration of incarceration.
Bail to the satisfaction of the Trial Court or Duty Magistrate at Hansi.
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CRM No.M-10240 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-10240 of 2013 (O&M) Date of Decision: May 01, 2013.
Rajbir Singh
..........PETITIONER(s).
VERSUS
State of Haryana
..........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Raman Chawla, Advocate for the petitioner.
Mr. Raja Sharma, A.A.G. Haryana.
RAM CHAND GUPTA, J.(Oral)
CRM No.23342 of 2013
Request for filing amended petition on the plea that inadvertently some of the offences were not mentioned in the main petition.
Request allowed. Amended petition is taken on record subject to all just exceptions.
Criminal misc. application stands disposed of.
CRM M-10240 of 2013
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure in FIR No.457 dated 09.11.2012 registered under Sections 166, 167, 409, 465, 468, 120-B of Indian Penal
CRM No.M-10240 of 2013
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Code (for short 'IPC') and further added Sections 420 and 471 IPC at Police Station Narnaund, District Hisar.
I have heard learned counsel for the parties and gone through the record.
It has been argued by learned counsel for the petitioner that main allegations are against brother of present petitioner, who is also Sarpanch of the village. It is further submitted that investigation already completed, challan filed and however, trial is not likely to be concluded in near future. It is also contended that petitioner has been continuing in custody since 28.02.2013. It is further contended that trial is not likely to be concluded in near future.
This factual position has not been disputed by learned counsel for the State, on instruction from ASI Rohtash Singh.
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 the period of incarceration of the petitioner and the facts and circumstances of the case, without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioner Rajbir Singh is allowed.
Bail to the satisfaction of trial Court/Duty Magistrate at
Hansi.
( RAM CHAND GUPTA ) May 01, 2013. JUDGE Sachin M.
3 issues framed by the court
Whether the petitioner is entitled to regular bail given the extended period of incarceration and lack of state opposition regarding flight risk.
Whether the trial court should grant bail when investigation is complete and trial is unlikely to conclude in near future.
Whether the amendments to the petition regarding additional offences warrant acceptance.
1 provisions across 1 enactments
Rajbir Singh
State of Haryana
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
