High Court of Punjab and Haryana allowed regular bail for the petitioner accused in a 307/325 IPC case, noting custody since January 2012 for a trial unlikely to conclude soon, with no risk of absconding or witness dissuasion.
Bail to the satisfaction of the CJM/Duty Magistrate, Moga.
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-1604 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 1604 of 2013(O&M) Date of Decision: May 7, 2013.
Harbans Singh
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Bipan Ghai, Senior Advocate with Mr. Mandeep Kaushik, 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.176 dated 25.09.2010, under Sections 307/325/341/323/148/149 IPC, registered at police station Dharamkot, District Moga.
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, Moga dismissing bail application filed on behalf of the petitioner.
CRM No.M-1604 of 2013
2
It has been contended by learned counsel for petitioner-accused that he has been continuing in custody since 16.01.2012 and that main witnesses i.e. complainant and one eye-witness have already been examined and however, 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 Lakhwinder 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 Harbans Singh is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Moga.
( RAM CHAND GUPTA ) JUDGE
May 7, 2013. ‘om’
1 issue framed by the court
Whether the application for regular bail under Section 439 CrPC should be allowed given the delay in trial and lack of immediate danger to witnesses.
1 provisions across 1 enactments
Harbans Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
