2006 Supreme(P&H) 3898

PUNJAB & HARYANA HIGH COURT
Satish Kumar Mittal, J.
Swarn Singh
Versus
State Of Punjab
Criminal Miscellaneous No. 53302 of 2006,
Decided On : OCTOBER 16, 2006

The court may grant regular bail considering the delay in framing charges, likelihood of trial conclusion, and the nature of the offences being triable by the magistrate.

Headnote:

Regular Bail - Criminal Procedure Code - The court granted regular bail to the petitioners under Sec.439 Cr. P. C. in a case involving Sections 420/417/506 IPC, where the petitioners were in custody without the charge being framed and the trial not likely to be concluded soon.

Fact of the Case:

The petitioners filed for regular bail in a case where they were in custody without the charge being framed and the trial not likely to be concluded soon.

Finding of the Court:

The court granted regular bail to the petitioners considering the delay in framing charges and the likelihood of trial conclusion, as well as the nature of the offences being triable by the magistrate.

Issues: Delay in framing charges, likelihood of trial conclusion, nature of offences triable by the magistrate

Ratio Decidendi: The delay in framing charges and the likelihood of trial conclusion influenced the court's decision to grant regular bail, along with the nature of the offences being triable by the magistrate.

Final Decision: The petitioners were granted regular bail and ordered to be released on bail to the satisfaction of the trial Court.