Single judge allowed regular bail for petitioner Parveen charged under various IPC sections and Arms Act, noting lengthy custody and doubting prosecution evidence regarding dacoity involvement.
Allowed regular bail to the satisfaction of the CJM/Duty Magistrate, Rohtak.
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-21575 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-21575 of 2013 (O&M)
Date of Decision: October 11, 2013.
Parveen
..........PETITIONER(s).
VERSUS
The State of Haryana
..........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Rahul Vats, 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.187 dated 01.06.2011 under Sections 392, 397, 420, 412 of Indian Penal Code and Section 25 of Arms Act, 1959 registered at Police Station Sadar Rohtak, Haryana.
I have heard learned counsel for the parties and gone through
the record.
It has been argued by learned counsel for the petitioner that petitioner has been continuing in custody since 04.06.2011. It is further
Mehta Sachin 2013.10.14 13:51 I attest to the accuracy and integrity of this document CHANDIGARH
CRM No.M-21575 of 2013
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contended that trial has not been concluded so far. Further contended that even as per the case of prosecution, there is no evidence that petitioner was involved in the act of dacoity.
Bail application has been opposed by learned counsel for the respondent-State on the plea that 219 looted cartons of cigarettes were recovered from the house and from the premises on rent of the petitioner.
Petitioner is not involved in any other case. 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 Parveen is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Rohtak.
( RAM CHAND GUPTA ) October 11, 2013. JUDGE
Sachin M.
Mehta Sachin 2013.10.14 13:51 I attest to the accuracy and integrity of this document CHANDIGARH
1 issue framed by the court
Whether the petitioner is entitled to regular bail.
1 provisions across 1 enactments
Parveen
The State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
