The single-judge High Court allowed a petition for regular bail under Section 439 Cr.P.C, enlarging the petitioner on bail as the trial was in progress and no recovery was pending.
Petitioner enlarged on bail to the satisfaction of Chief Judicial Magistrate/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.
Crl. Misc. No. M-25077 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.Misc. No. M-25077 of 2013 (O&M) Date of decision : 11.09.2013
Hazari @ Sardara
....Petitioner
versus
State of Haryana
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Anshuman Dalal, Advocate for the petitioner
Mr. Shivendra Swaroop, AAG, Haryana
RITU BAHRI , J. (Oral)
Crl. Misc. No. 35687 of 2013
Application is allowed as prayed for.
Accordingly, Annexure P-3 to P-5 are taken on record.
Crl.Misc. No. M-25077 of 2013
This petition under Section 439 Cr.P.C is for grant of regular
bail to the petitioner in case F.I.R No. 72 dated 13.02.2013 u/406/420/120-B
IPC , registered at Police Station Civil Lines, Rohtak.
As per allegations in the F.I.R, the present petitioner along
with his co-accused has collected huge amount through Bank in their
Arora Gaurav 2013.09.28 11:35 I attest to the accuracy and integrity of this document
Crl. Misc. No. M-25077 of 2013 (O&M) -2-
accounts fom the general public on the pretext that he shall get them jobs
in the Railway Department and thereafter, committed fraud with them.
Learned State counsel on instructions from ASI Veer Bhan has
informed the Court that after investigation, challan has been presented and charges have been framed and the trial is at the stage of recording the prosecution evidence of 31 witnesses.
The petitioner is in custody since 12.03.2013. Nothing is to be recovered from the petitioner. Thus no useful purpose would be served by detaining him during the pendency of trial.
Heard.
Keeping in view the period of incarceration of the petitioner
and the fact that trial may still take some time to conclude, this court feels
that there is no need to detain the petitioner any longer. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Rohtak.
11.09.2013
G.Arora
(RITU BAHRI) JUDGE
Arora Gaurav 2013.09.28 11:35 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner should be granted regular bail when the trial is at the stage of recording prosecution evidence and no amount needs recovery.
1 provisions across 1 enactments
Hazari @ Sardara
State of Haryana
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
