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2019 Supreme(P&H) 855
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHEKHER DHAWAN, J.
Ram Avtar Alias Pintu - Appellant
Versus
State of Haryana - Respondent
Criminal Miscellaneous (M) No. 34534 of 2019
Decided On : 30-08-2019
Naresh Kumar, Adv., Harpreet Kaur, Adv.
The main legal point established is that the length of time in custody, the nature of the offenses, and the expected trial duration are relevant factors in considering a petition for regular bail.
Headnote:
Regular Bail - Criminal Procedure - The court granted regular bail to the petitioner, considering the length of time the petitioner had been in custody, the nature of the offenses, and the fact that the trial was expected to take more time.
Fact of the Case:
The petitioner sought regular bail in a case involving allegations of filing criminal cases to extract money. The petitioner was not named in the FIR and had been in custody since 22.06.2019.
Finding of the Court:
The court found that the petitioner had been in custody for a significant period, the offenses were triable by the Court of Magistrate, and the trial was expected to take more time. Therefore, the court granted the petitioner regular bail.
Issues: The issues involved the petitioner's eligibility for bail, the nature of the offenses, and the length of time the petitioner had been in custody.
Ratio Decidendi: The court considered the length of time the petitioner had been in custody, the nature of the offenses, and the expected duration of the trial in granting regular bail.
Final Decision: The court allowed the petition and ordered the petitioner to be released on regular bail, subject to furnishing bail bonds/surety bonds 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.132 dated 12.12.2018 under Sections 384, 389 and 120-B IPC registered at Police Station Bapoli, District Panipat, Haryana.
2. Allegations against the petitioner are that he, in-connivance with other accused persons of this case, used to file criminal cases just to extract money.
3. Learned counsel for the petitioner contended that the petitioner was not named in the FIR and there is nothing against him. The petitioner is in custody since 22.06.2019 and the offences alleged against the petitioner are triable by the Court of learned Magistrate. Trial of the case still to take some more time. So, the petitioner be released on bail.
4. Learned State counsel opposed the bail application on the ground that the petitioner was one of the members of honey-trapping gang and petitioner does not deserve the concession of bail
5. Having considered the submissions made by learned counsel for the parties and appraisal of record of this case file, this Court is of the considered view that the petitioner is in custody since 22.6.2019; offences against the petitioner are triable by the Court of Magistrate; trial of this case still to take some more time, no purpose would be served by keeping the petitioner behind the bars.
6. Resultantly, the present petition stands allowed and petitioner, Ram Avtar alias Pintu 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.
7. Any observation made herein above shall have no bearing on the merits of the case.
