This bail application under section 439 Cr.P.C. was allowed. The court granted bail based on the petitioner's extended custody and the trial’s unlikely near-future conclusion, without adjudicating the merits of the no injury case claim.
Bail granted to the petitioner to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sangrur.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-44224 of 2016 Date of decision : January 24, 2017
Mohd. Irfan
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. Ghulam Nabi Malik, Advocate, for the petitioner
Mr. Gurinderjit Singh, DAG, Punjab for the respondent
Fateh Deep Singh, J. (Oral)
The allegations against petitioner Mohd. Irfan in this regular bail application under section 439 Cr.P.C. are that on 18.8.2015, petitioner along with his co-accused had fired at the police party.
The contentions of counsel for the petitioner are that it is a no injury case and that the petitioner is in custody for the last 01 year and 03 months though learned State counsel has stoutly opposed the bail but has accepted to the arguments that it is a no injury case and has not disputed the period of incarceration.
Keeping in view the substantive period of incarceration and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case being no injury case, the instant
Dalbir Singh Tiwana 2017.01.25 11:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-44224 of 2016 -2-
application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sangrur.
The present petition stands disposed off accordingly.
( Fateh Deep Singh ) January 24, 2017 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
Dalbir Singh Tiwana 2017.01.25 11:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether bail should be granted to the petitioner on the ground of no injury case and prolonged incarceration without a near future conclusion of trial.
1 provisions across 1 enactments
Mohd. Irfan
State of Punjab
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
