Application for release on bail filed by accused Surjeet Kumar facing charges under Sections 420, 467, 468, 471 IPC. Court granted bail noting co-accused were on bail and prosecution failed to produce expert report despite opportunities, emphasizing against indefinite detention.
Accused released on bail on executing personal bond and furnishing two sureties.
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IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION
Dated: Nainital: the 7th day of October, 2005 Bail application no. 668 of 2005
Order on the bail application of accused
CRIMINAL SIDE
Surjeet Kumar @ Santosh S/o Sarju Rai @ Saryug Yadav P.S. Gaurichal District Patana (Bihar) At present Village Sabbalpur P.S. Didargang District Patana (Bihar) ……Applicant
Versus
State of Uttaranchal ...Opposite Party
Arising out of Case Crime No. 5480 of 2005 Under Sections 420, 467, 468, 471 I.P.C. P.S. Haldwani District Nainital
By the court
Hon’ble B.C. Kandpal, J.
The applicant has applied for bail in case crime No. 5480 of 2005 under Sections 420, 467, 468, 471 I.P.C., P.S. Haldwani, District Nainital.
Heard Smt. Pushpa Joshi, learned counsel for the applicant, learned A.G.A. and perused the record.
The order sheet shows that learned A.G.A. had been given several opportunities for producing the report of the handwriting expert, pertaining to the hand writing of the applicant – Surjeet Kumar @ Santosh, but learned A.G.A. has failed in placing the same before me as yet.
In this case the other co-accused have been granted bail. The applicant cannot be detained in jail for indefinite period, specially, of the latches on the part of the prosecution.
Keeping in view the special circumstances of the case, I direct that the applicant should be released on bail.
Let the applicant Surjeet Kumar @ Santosh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. concerned.
(B.C. Kandpal, J.) 07.10.2005 ASWAL
3 issues framed by the court
Whether the applicant accused should be released on bail given the indefinite detention concern and co-accused bail.
Whether the failure of the prosecution to produce the handwriting expert report justifies bail.
Whether the co-accused having been granted bail is a relevant circumstance for releasing the applicant.
Surjeet Kumar @ Santosh
B.C. Kandpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
