The High Court granted regular bail to the petitioner in a case involvingIPC offenses including Section 307. The court found the petitioner was in custody since January 2016, not required for investigation, and the trial would take a long time.
Petitioner released on bail with one surety on furnishing bonds totaling `1,00,000/-.
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.
207
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-11650 of 2017 (O&M) Date of Decision: April 20, 2017
Rajiv Kumar
...Petitioner
VERSUS
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Anterpreet Singh, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.97 dated 26.05.2015 under Sections 323, 341, 506, 148 and 149 IPC (Sections 325 and 307 IPC added later on), registered at Police Station Division No.7 (Vardhaman), Ludhiana City.
Notice of motion.
Mr.V.P.S.Sidhu, Asstt. Advocate General, Punjab, has put in appearance on behalf of the respondent-State and contested the petition.
Police record is also available.
I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.
From the record, I find that present petitioner Rajiv Kumar was stated to be armed with datar . Learned State counsel admitted at the time of Vineet Gulati 2017.04.21 17:13 I attest to the accuracy andarguments that there is no opinion of the doctor that any injury is dangerous authenticity of this document Chandigarh
CRM No.M-11650 of 2017
-2-
to life.
The present petitioner has been in custody since 20.01.2016. He is not required for any investigation or interrogation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till disposal of the case.
Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.
April 20, 2017 (INDERJIT SINGH) Vgulati JUDGE
Whether speaking/reasoned Yes Whether reportable No
Vineet Gulati 2017.04.21 17:13 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether to grant regular bail to the petitioner under Section 439 Cr.P.C.
1 provisions across 1 enactments
Rajiv Kumar
State of Punjab
Inderjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
