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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alka Sarin, J.
Bunty - Appellant
Versus
State Of Haryana - Respondent
CRM-M No. 1976 of 2022
Decided On : 20-01-2022
Regular Bail - Criminal Procedure - The court granted regular bail to the petitioner under Section 439 of the Code of Criminal Procedure, 1973, considering the petitioner's age, lack of criminal antecedents, and the alleged recovery made from him.
Fact of the Case:
The petitioner filed a petition for grant of regular bail in a case under Sections 379-A and 34 of the Indian Penal Code, 1860, where he was in custody since 01.09.2021.
Finding of the Court:
The court granted regular bail to the petitioner, considering his age, lack of criminal antecedents, and the alleged recovery made from him, without commenting on the merits of the case.
Issues: Grant of regular bail under Section 439 of the Code of Criminal Procedure, 1973.
Ratio Decidendi: The court deemed it a fit case to grant the concession of regular bail to the petitioner based on his age, lack of criminal antecedents, and the alleged recovery made from him.
Final Decision: The petitioner was directed to be released on bail, subject to furnishing bail bonds/surety bonds, with the prosecution having the liberty to apply for cancellation of bail if the petitioner misuses the concession of bail.
JUDGMENT
Alka Sarin, J. (Oral) - Heard through video conferencing.
2. The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.218 dated 31.08.2021 under Sections 379-A and 34 of the Indian Penal Code, 1860 registered at Police Station City Safidon, District Jind.
3. Learned counsel for the petitioner would contend that the petitioner is a 21 years' old boy and has falsely been implicated in the present case. He has no criminal antecedents. It has further been contended that the challan has been presented in Court and charges have also been framed against the petitioner and he has been in custody since 01.09.2021.
4. Learned State counsel, on instructions from PSI Hari Om, states that the petitioner has no criminal antecedents and further that a purse and Rs. 1000/- have been recovered from him.
I have heard learned counsel for the parties.
CRM-M No.1976 of2022 -2-
5. Without commenting on merits of the case and keeping in view the age of the petitioner as well as the fact that he has no criminal antecedents and the alleged recovery is stated to have already been made from him, no useful purpose would be served by keeping him in custody any longer. I, therefore, deem it to be a fit case to grant the concession of regular bail to the petitioner. The petitioner is directed to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate/Trial Court concerned.
6. However, the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.
7. It is also made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case.
Disposed off.
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