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Balbir Singh @ Bira vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 6 January 2011 · Citation: (2011) 01 P&H CK 0321

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 323, 324, 34, 341, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-35227 of 2010
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Judgment

5 paragraphs · 210 words

Rajan Gupta, J.—This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner under Sections 323, 324, 341, 506 read with Section 34 IPC at Police Station Nakodar, District Jalandhar, vide FIR No. 248 dated 12th October, 2010.

2.

Learned Counsel for the Petitioner has argued that Petitioner is in custody since 21st October, 2010 and investigation of the case has been completed. He further submits that the case is triable by Magistrate.

3.

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

4.

Heard.

5.

Keeping in view the period of incarceration of the Petitioner, I am of the considered view that no useful purpose will be served by detaining the Petitioner in custody any longer. The trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the Petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Jalandhar.