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2019 Supreme(P&H) 771
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHEKHER DHAWAN, J.
Kuldeep Singh — Appellant
Versus
State Of Haryana — Respondent
Criminal Miscellaneous (M) No. 23305 of 2019
Decided on : 19-09-2019
Advocate Appeared:
R.S. Rai, Adv., Sunil Sihag, Adv., Ashok Mutreja, Adv.
The main legal point established in the judgment is that the decision to grant bail should consider the duration of custody, the anticipated trial timeline, and the purpose served by continued custody, especially in cases involving serious charges.
Headnote:
Bail - Prevention of Corruption Act - Financial Misconduct - Misuse of Official Powers
Fact of the Case:
The petitioner sought regular bail in a case involving charges under the Prevention of Corruption Act and various sections of the Indian Penal Code. The petitioner had been in custody for a significant period, and the trial was expected to take more time.
Finding of the Court:
The court considered the arguments of both parties and concluded that keeping the petitioner in custody served no purpose, especially considering the prolonged duration of custody and the anticipated further delay in the trial.
Issues: The primary issue was whether the petitioner should be granted regular bail despite the serious charges against him, including financial misconduct and misuse of official powers.
Ratio Decidendi: The court's decision was influenced by the fact that the petitioner had been in custody for a considerable period, and the trial was expected to be further delayed. The court also considered the arguments regarding financial loss and misuse of official powers but ultimately found that continued custody served no purpose.
Final Decision: The court allowed the petition and ordered the release of the petitioner on regular bail, subject to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
JUDGMENT :
Shekher Dhawan, J.
Present petition under Section 439 of the Code of Criminal Procedure is for grant of regular bail in case bearing FIR No.0352 dated 01.10.2018 under Section 13 of the Prevention of Corruption Act, 1988 and Sections 120-B, 167, 420, 467, 468 and 471 IPC registered at Police Station Civil Lines Jind, District Jind.
2. Learned senior counsel for the petitioner contended that the petitioner is in custody since 23.03.2019. Investigation is complete and the trial of the case still to take some more time. No purpose would be served by keeping the petitioner behind the bars. So, the petitioner be released on bail in this case.
3. Learned State counsel opposed the bail application on the ground that the petitioner alongwith the co-accused are involved in causing financial loss and damage to the Nigam. In the present case, the contractor as well as some officers/officials of the Nigam misused their official powers and position and caused huge loss to the Nigam. So, the bail application of the petitioner be dismissed.
4. Having considered the submissions made by learned counsel for the parties and the fact that the petitioner is in custody since 23.3.2019 and the trial of this case still to take some more time, this Court is of the considered view that no purpose would be served by keeping the petitioner behind the bars.
5. Resultantly, the present petition stands allowed and petitioner, Kuldeep Singh is ordered to be released on regular bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
