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Alka @ Sarabjit Kaur vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 4 February 2011 · Citation: (2011) 02 P&H CK 0208

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 120B, 419, 420, 467, 468
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-34939 of 2010
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Judgment

5 paragraphs · 216 words

Rajan Gupta, J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner vide FIR No. 293 dated 05.12.2009 under Sections 419/420/467/468/471/120-B IPC at Police Station Barnala.

2.

Learned Counsel for the Petitioner submits that Petitioner has been in custody since 06.08.2010 and case is triable by Magistrate. According to him, investigation of the case has been completed and thus no useful purpose would be served by detaining the Petitioner in custody any longer.

3.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioner are serious. He, however, does not dispute the fact that investigation has been completed and challan presented before the competent court of jurisdiction.

4.

Heard.

5.

Keeping in view the aforesaid contentions, period of incarceration of the Petitioner and the fact that case is triable by Magistrate, I am of the considered view that no useful purpose would be served by detaining the Petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner. Accordingly, the petition is allowed and Petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Barnala.