Single-judge oral order allowing regular bail to the petitioner accused of alleged theft. The court noted the investigation was complete and no grounds existed to deny bail.
Bail allowed to Mukesh Kumar on the satisfaction of the trial court/Duty Magistrate, Malout.
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-11054 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 11054 of 2013(O&M) Date of Decision: May 10, 2013.
Mukesh Kumar
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Pavan Malik, Advocate for Mr. Amandeep Chhabra, Advocate, for the petitioner.
Mr. P.S.Paul, DAG, Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.8 dated 20.02.2013, under Sections 379/411 IPC, registered at police station Sadar Malout, District Sri Muktsar Sahib.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Sessions Judge, Sri Muktsar Sahib dismissing bail application filed on behalf of the petitioner.
CRM No.M-11054 of 2013
2
It has been contended by learned counsel for petitioner-accused that it is a case of alleged theft of motorcycle and that he has been continuing in custody since 20.02.2013. It is further contended that investigation already completed, challan filed and however, trial is not likely to be concluded in near future.
The factual position has not been disputed by learned counsel for the State, on instruction from HC Phulbinder 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 these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Mukesh Kumar is allowed.
Bail to the satisfaction of trial court/Duty Magistrate, Malout.
May 10, 2013. ‘om’
( RAM CHAND GUPTA ) JUDGE
2 issues framed by the court
Whether bail should be granted in a theft case where investigation is complete and no risk of absconding or witness tampering exists.
Whether the trial in a theft case may be concluded in the near future.
1 provisions across 1 enactments
Mukesh Kumar
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
