The High Court granted regular bail to an 82-year-old petitioner in a case under Sections 307 and 120-B IPC and Section 25 Arms Act, finding no useful purpose in continued custody due to his age and the protracted trial.
Petitioner admitted to bail on furnishing bail and surety bonds to the satisfaction of the trial Court.
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-49737-2017 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-49737-2017 (O&M) Date of decision: - 15.01.2018
Jagat Singh
.....Petitioner
Versus
State of Punjab
.....Respondent
CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU
Present: Mr. N.K. Verma, Advocate for the petitioner.
Mr. Harbir Sandhu, AAG, Punjab.
MAHABIR SINGH SINDHU, J. (ORAL)
Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.146 dated 05.10.2017, registered under Section 307, 120-B of the Indian Penal Code and Section 25 of the Arms Act at Police Station Fatehgarh Sahib, District Fategarh Sahib.
It is contended by learned counsel for the petitioner that the petitioner is 82 years old and report under Section 173 Cr.P.C. has already been submitted.
The above factual aspect of the matter has not been disputed by the learned State counsel.
Naresh Kumar 2018.01.16 16:48 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-49737-2017 (O&M)
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Keeping in view the fact that the petitioner is 82 years of age and the final conclusion of trial is to take a long time, it would be just and appropriate if the concession of bail is granted to the petitioner. Moreover, the petitioner is in custody since 07.10.2017 and no useful purpose would be served by keeping him behind the bars any more. Therefore, in view of the abovesaid circumstances, without expressing any opinion on the merits of the case, this petition is accepted. Petitioner be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court.
( MAHABIR SINGH SINDHU) January 15, 2018 JUDGE naresh.k
Whether reportable? No Whether reasoned/speaking? No
Naresh Kumar 2018.01.16 16:48 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether bail should be granted to an 82-year-old petitioner in custody pending a long trial.
5 provisions across 3 enactments
Jagat Singh
State of Punjab
Mahabir Singh Sindhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
