Single-judge oral order granting regular bail to the petitioner under Section 439 Cr.P.C. in a no-injury case involving offences under IPC and Arms Act, emphasizing anticipated trial delay as the deciding factor.
Released on regular bail by furnishing a bail and surety bond to the concerned Magistrate.
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.
CRM-M-13950 of 2018
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-13950 of 2018 Date of Decision: 09.08.2018
Partap Singh ....Petitioner
VERSUS
State of Punjab ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Ripudaman Singh Sidhu, Advocate for the petitioner.
Mr. Ramandeep Sandhu, Sr. DAG, Punjab.
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.102 dated 25.08.2017 registered for offences punishable under Sections 307/353/186/148/149 of Indian Penal Code (for short, “IPC”) and 25/27 of the Arms Act, at Police Station Kotbhai, District Sri Muktsar Sahib.
Heard.
As per case of prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty.
It is a no injury case. The petitioner was arrested on 25.08.2017 and is in custody since then.
Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Partap Singh is ordered to
be released on regular bail on furnishing bail bond and surety bond to the JITENDER KUMAR 2018.08.09 16:56 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
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CRM-M-13950 of 2018
satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
August 09, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
JITENDER KUMAR 2018.08.09 16:56 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a no-injury case involving crimes against public servants.
Whether bail can be granted without expressing an opinion on the merits of the case due to expected trial delay.
Colour shows how this judgement treated each authority
case of prosecutionReferred¶15
4 provisions across 3 enactments
Partap Singh
State of Punjab
Surinder Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
