The Special Court granted bail to the petitioner under Section 439 Cr.P.C. in a murder case where the petitioner had absconded. The court held that keeping the petitioner in custody until trial served no useful purpose.
Petitioner granted bail and ordered to be released subject to satisfaction of the trial Court/Duty 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.
227
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-40030 of 2018 (O&M) Date of Decision: September 18, 2018
Gautam
...Petitioner
VERSUS
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Rakesh Kumar Lathwal, 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.404 dated 13.10.2016 under Sections 302, 212, 365, 404, 201 and 34 IPC, registered at Police Station Kundli, District Sonepat.
Notice of motion.
Mr.B.S.Virk, DAG, Haryana, has put in appearance on behalf of the respondent-State and contested the petition.
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 was earlier on regular bail. He absented from the Court proceedings on 08.05.2018 and he surrendered on 09.07.2018. Learned counsel for the petitioner contended VINEET GULATI 2018.09.19 14:23 I attest to the accuracy andthat absence of the petitioner was not intentional. authenticity of this document Chandigarh
CRM No.M-40030 of 2018
-2-
The petitioner has been in custody since 09.07.2018. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the 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 the satisfaction of the trial Court/Duty Magistrate.
September 18, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No
VINEET GULATI 2018.09.19 14:23 I attest to the accuracy and authenticity of this document Chandigarh
3 issues framed by the court
Whether the petitioner, who was a fugitive after absconding on bail, should be granted regular bail in view of the length of the trial.
Whether the petitioner can be released subject to compliance with conditions of the trial court.
Whether the trial would serve any useful purpose if the petitioner remains in custody.
2 provisions across 2 enactments
Gautam
State of Haryana
Inderjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
