Single Judge of the High Court of Punjab and Haryana granted regular bail to the petitioner in a criminal case involving theft and cheating. The petition was allowed without expressing an opinion on merits.
Release of the petitioner on bail during the pendency of the trial upon furnishing bond and surety bonds.
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.
-1-
CRM-M-35532 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-35532 of 2018 Date of Decision: 26.02.2019
Kapil
...Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. Arvind Kashyap, Advocate, for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR no.156 dated 28.11.2017 registered under Sections 379-B/34 IPC (Sections 411, 420, 467, 468, 471 IPC added later on) at Police Station Division No.2, Pathankot, District Pathankot.
According to the prosecution, in the day time of 27.11.2017, petitioner along with his accomplice snatched the purse of the complainant containing `1200/-, one mobile phone make M.I. and fled away.
Learned counsel for the petitioner inter alia contends that petitioner is in custody since 01.12.2017. Out of total 25 witnesses, as on date, prosecution has been able to examine only two witnesses. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner in jail any more.
On the other hand, learned State counsel vehemently opposed
RAVINDER SINGH 2019.03.02 12:35 I attest to the accuracy and integrity of this document
-2-
CRM-M-35532 of 2018
the grant of regular bail to the petitioner.
Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail during pendency of trial, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.
(RAMENDRA JAIN) February 26, 2019 JUDGE R.S. Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2019.03.02 12:35 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner is entitled to be released on bail during the pendency of the trial under Section 439 Cr.P.C.
Whether the long duration of the trial justifies the grant of bail.
1 provisions across 1 enactments
Kapil
State of Punjab
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
