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PUNJAB & HARYANA HIGH COURT
Adarsh Kumar Goel, J.
Vinod Kumar
Versus
State
Criminal Miscellaneous No. 6508M of 2006,
Decided On : FEBRUARY 16, 2006
Bail - Criminal Procedure - The court granted bail to the petitioner under section 167 (2) of the Code of Criminal Procedure due to the petitioner being in custody without a challan being presented.
Fact of the Case:
The petitioner is in custody without a challan being presented.
Finding of the Court:
The court granted bail to the petitioner to the satisfaction of CJM/Duty Magistrate, Kaithal.
Issues: Alleged offence under sections 420/467/468/471/120-B/109/113 IPC, petitioner in custody without challan.
Ratio Decidendi: Entitlement to bail under section 167 (2) of the Code of Criminal Procedure when the petitioner is in custody without a challan being presented.
Final Decision: The petitioner is granted bail to the satisfaction of CJM/Duty Magistrate, Kaithal.
1. Heard. OFFENCE alleged is under sections 420/467/468/471/120-B/109/ 113 IPC.
2. It is stated that the petitioner is in custody since 18.11.2005 and no challan has been presented and thus, the petitioner is entitled to bail under section 167 (2) of the Code of Criminal Procedure. This factual aspect is not disputed by counsel for the State. Accordingly, without expressing any opinion on merits, the petitioner is granted bail to the satisfaction of CJM/ Duty Magistrate, kaithal. The petition is disposed of.
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