Allowed

Rajinder Kumar v. State of Punjab

Punjab & Haryana HC7 May 2013CRM-M/9854/2013

Case brief

AI extract

What is this about?

Petitioner sought regular bail in a cheating case pending for over 60 days after the court was fixed for evidence. Granting bail as the trial delay compromises the statutory circumstances under Cr.P.C. Section 437(6). Petitioner released on furnishing bonds.

What did the court decide?

Petitioner accepted to regular bail; ordered to be released on furnishing adequate bail and surety bonds to the satisfaction of the trial court.

Rajinder Kumar Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2013)

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CRM No.M-9854 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-9854 of 2013

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Date of Decision:07.05.2013

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Rajinder Kumar .....Petitioner

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Versus

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State of Punjab .....Respondent

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CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.

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Present: Mr.Sant Pal Singh Sidhu, Advocate, for the petitioner.

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Mr.Raj Preet Singh Sidhu, Assistant Advocate General, Punjab, for the respondent-State.

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MEHINDER SINGH SULLAR , J.(oral)

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Petitioner-Rajinder Kumar son of Pyare Lal, has directed the instant petition for the grant of regular bail in a case registered against him, vide FIR No.118 dated 09.09.2011, for the commission of an offence punishable under Section 420 IPC, by the police of Police Station Makhu, District Ferozepur, invoking the provisions of Section 439 read with Section 437(6) Cr.P.C.

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Notice of the petition was issued to the State.

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After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.

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As is evident from the record that, the charge, for the commission of offence punishable under Section 420 IPC, was framed

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CRM No.M-9854 of 2013 2

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against the petitioner-accused by the trial Court, by means of order dated 13.10.2012 and the case was slated for evidence of the prosecution on 10.11.2012(Annexure P-3). Thereafter, the case was fixed for prosecution evidence on 06.05.2013. Now the case is still pending for recording the prosecution evidence for 20.05.2013. Meaning thereby, the case is triable by the Court of Magistrate and the trial has not been concluded within a period of 60 days from the 1^st date fixed for taking evidence in the case after framing of charge. In that eventuality, to my mind, the petitioner is entitled to the concession of regular bail, as contemplated under Section 437(6) Cr.P.C.

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Moreover, the petitioner has himself surrendered before the trial Court on 12.07.2012. Since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. The offence alleged against the accused is triable by the Court of Magistrate. The conclusion of trial will naturally take a long time.

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In the light of aforesaid reasons, taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court.

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( M EHINDER S INGH S ULLAR) JUDGE

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May 07, 2013 seema

Rajinder Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

Rajinder Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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