Single judge allowed a regular bail application. The court noted the petitioner had been in custody since August 2012, no recovery was made, prosecution witnesses did not identify him, and the trial would take long. No flight risk was alleged.
Bail allowed to the satisfaction of the CJM/Duty Magistrate, Bhiwani.
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-12045 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-12045 of 2013 (O&M)
Date of Decision: May 29, 2013.
Sandeep alias Boxer
..........PETITIONER(s).
VERSUS
State of Haryana
..........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Sumit Sangwan, Advocate for the petitioner.
Mr. Pawan Singh, D.A.G. Haryana.
RAM CHAND GUPTA, J.(Oral)
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure in FIR No.316 dated 12.11.2011 under Sections 392, 120-B, 216, 412, 467, 468, 471, 201, 420 of Indian Penal Code and 25 of Arms Act, 1959 registered at Police Station Sadar Dadri, District Bhiwani.
I have heard learned counsel for the parties and gone through
the record.
It has been argued by learned counsel for the petitioner that
CRM No.M-12045 of 2013
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petitioner has been continuing in custody since 18.08.2012 and no recovery has been effected from him. It is further contended that none of the prosecution witnesses had identified the petitioner and 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 Pardeep Kumar.
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 Sandeep alias Boxer son of Inder Singh is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Bhiwani.
( RAM CHAND GUPTA ) May 29, 2013. JUDGE Sachin M.
2 issues framed by the court
Whether to grant regular bail to the petitioner continuing in custody since 18.08.2012.
Whether the period of incarceration and lack of recovery justifies bail.
1 provisions across 1 enactments
Sandeep alias Boxer
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
