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PUNJAB & HARYANA HIGH COURT
Satish Kumar Mittal, J.
Rohit Kumar Jain
Versus
State Of Haryana
Criminal Miscellaneous No. 9674M of 2007,
Decided On : MARCH 19, 2007
Regular Bail - Essential Commodities Act, 1955 - The court granted regular bail to the petitioner under section 439 of the Code of Criminal Procedure in a case involving multiple legal provisions including the Essential Commodities Act, 1955, Seeds Control Order 1983, Insecticides act, 1968, Fertilizer Control Order, 1985, and Sections 420/467/468/471/120-B IPC.
Fact of the Case:
The petitioner filed a petition for the grant of regular bail in a case involving various legal provisions and has been in custody since a specific date.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted regular bail to the petitioner due to ongoing investigation and the non-presentation of challan, subject to furnishing bail bonds.
Issues: The issues involved the grant of regular bail under section 439 of the Code of Criminal Procedure in a case involving multiple legal provisions.
Ratio Decidendi: The court considered the ongoing investigation and non-presentation of challan as grounds for granting regular bail to the petitioner.
Final Decision: The court ordered the release of the petitioner on bail, subject to the satisfaction of the Chief Judicial Magistrate.
1. Petitioner Rohit Kumar Jain has filed this petition under section 439 of the Code of Criminal Procedure for the grant of regular bail in case FIR No.606 dated 18.10.2006 under Sections 7 and 10 of the essential Commodities Act, 1955, Seeds Control Order 1983, Insecticides act, 1968, Fertilizer Control Order, 1985 and under Sections 420/467/468/ 471/120-B IPC, registered at Police Station City Fatehabad.
2. I have heard counsel for the parties and gone through the contents of the FIR as well as the order dated 10.2.2007, passed by additional Sessions Judge, Fatehabad, whereby bail application of the petitioner has been dismissed.
3. The aforesaid case is triable by Magistrate and the petitioner is in custody since 4.1.2007. Counsel for the petitioner contends that investigation is still going on and challan has not been presented so far. The material facts have not been disputed by the State Counsel.
4. In view of the above, without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner and he is, accordingly, ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, fatehabad.
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