Petitioner granted regular bail on furnishing two heavy sureties due to prolonged custody duration despite maximum sentence being two years and no substantial opposition from the State.
Petitioner ordered to be released on regular bail on furnishing two heavy sureties.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-12000 of 2015 Date of decision : April 24, 2015
Yogesh alias Bablu
....Petitioner
versus
State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. R.S.Malik, Advocate, for the petitioner Mr. Munish Sharma, AAG Haryana
Fateh Deep Singh, J. (Oral)
In this regular bail application filed by petitioner Yogesh alias Bablu, the allegations are that he is alleged to be found in possession of country made pistol 7.65 SLR weapon along with two live cartridges. The contentions of counsel for the petitioner Mr. RS Malik are that the petitioner is in custody for almost 3 months and that the trial is still underway and that not even a single witness has been examined, could not be controverted by the State counsel.
Keeping in view this unduly long incarceration and maximum provided sentence for this offence is upto two years and the only opposition to the allowing of bail by the State counsel could offer is that he is facing number of criminal cases does not come to the aid of the State. In the light
DALBIR SINGH TIWANA 2015.04.27 10:28 I attest to the accuracy and authenticity of this document High Court, Chandigarh
Criminal Misc. No. M-12000 of 2015
-2-
of the peculiar situation without commenting on the merits of the case and in view of the custody period undergone and that no purpose will be served by retaining the petitioner in jail, he is ordered to be released on regular bail on furnishing two heavy sureties to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sonepat.
The present petition stands disposed off accordingly.
( Fateh Deep Singh ) April 24, 2015 Judge 'tiwana'
DALBIR SINGH TIWANA 2015.04.27 10:28 I attest to the accuracy and authenticity of this document High Court, Chandigarh
1 issue framed by the court
Whether the petitioner deserves regular bail after 3 months of incarceration.
Yogesh alias Bablu
State of Haryana
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
