This order grants regular bail to the petitioner in a criminal trial for an offence under the Indian Penal Code. The Court notes that the trial is ongoing, main witnesses have been examined, and there are no allegations of absconding or witness tampering.
Bail allowed on the satisfaction of the CJM/Duty Magistrate, Jalandhar.
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-1607 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 1607 of 2013(O&M) Date of Decision: May 2, 2013.
Inderpreet @Inderjit Singh
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Gaurav Chopra, Advocate, for the petitioner.
Mr. P.S.Paul, DAG, Punjab.
Mrs. Jatinder Jit Kaur, Advocate, for the complainant.
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.33 dated 14.02.2011, under Sections 307/325/323/427/148/149 IPC, registered at police station Sadar, Jalandhar.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Sessions Judge, Jalandhar dismissing bail application filed on behalf of the petitioner.
CRM No.M-1607 of 2013
2
It has been contended by learned counsel for petitioner-accused that he has been continuing in custody since 16.04.2011 and that trial has not been concluded so far. It is further submitted that main witnesses have already been examined.
This factual position has not been disputed by learned counsel for the State, on instruction from SI Sukhdev Singh.
However, bail application has been opposed by learned counsel for the complainant.
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 Inderpreet @Inderjit Singh is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Jalandhar.
May 2, 2013. ‘om’
( RAM CHAND GUPTA ) JUDGE
2 issues framed by the court
Whether the petition for regular bail under Section 439 CrPC should be allowed given the petitioner's continued custody and lack of flight risk.
Whether the main witnesses being examined affects the grant of bail in the absence of specific risks.
1 provisions across 1 enactments
Inderpreet @Inderjit Singh
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
