Allowed

Vicky @ Happy @ Mota v. State of Punjab

Punjab & Haryana HC18 Nov 2021CRM-M/40584/2021

Case brief

AI extract

What is this about?

Single judge allowed a bail petition filed under Section 439 Cr.P.C. The petitioner, arrested in a theft case, was in custody for four and a half months with the trial yet to commence despite prosecution contradictions.

What did the court decide?

Petitioner admitted to bail upon furnishing adequate bail and surety bonds to the satisfaction of the learned trial court/CJM/Duty Magistrate concerned.

Vicky @ Happy @ Mota Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2021)

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CRM-M-40584 of 2021

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

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113 CRM-M-40584 of 2021 Date of decision:18.11.2021

Vicky @ Happy @ Mota

... Petitioner

versus

State of Punjab

... Respondent

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH.

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Present: Mr.B.D.Sharma, Advocate, for the petitioner Mr.Rana Harjasdeep Singh, DAG, Punjab ...

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AMOL RATTAN SINGH, J. (Oral)

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By this petition, the petitioner seeks the concession of 'regular bail' under the provisions of Section 439 of the Cr.P.C., upon FIR no.122, dated 29.6.2021, having been registered at Police Station Shahkot, District Jalandhar Rural, alleging therein the commission of offences punishable under Sections 457/380/411/201/34 of the IPC.

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Learned counsel for the petitioner submits that the petitioner has now been in custody for about 4-1/2 months in a Magisterial trial, with no other criminal case registered against.

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Learned State counsel though otherwise opposes the bail petition on the ground that it being a case of the prosecution that the petitioner and his co-accused stole 11 mobile phones from the shop of the complainant, however could deny the factual position as stated by learned

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PRAVEEN KUMAR 2021.11.22 12:34 I attest to the accuracy and integrity of this document

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CRM-M-40584 of 2021

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counsel for the petitioner; and upon query put to him, he submits that though the challan has been submitted, the trial is still to commence.

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That being so, without making any comment on the actual merits of the case, the petition is allowed, with the petitioner ordered to be admitted to bail, upon him furnishing adequate bail and surety bonds to the satisfaction of the learned trial court/CJM/Duty Magistrate concerned.

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18.11.2021 ( AMOL RATTAN SINGH ) pk JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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PRAVEEN KUMAR 2021.11.22 12:34 I attest to the accuracy and integrity of this document

Vicky @ Happy @ Mota v. State of Punjab

Case brief

What is this about?

What did the court decide?

Vicky @ Happy @ Mota v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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