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Dilraj Singh and Another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 15 November 2010 · Citation: (2010) 11 P&H CK 0456

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 173, 439 · Penal Code, 1860 (IPC) — Section 148, 149, 323, 324, 326
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-32554 of 2010
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Judgment

5 paragraphs · 217 words

Rajan Gupta, J.—This is a petition u/s 439 of the Code of Criminal Procedure seeking Regular Bail in a case registered against the Petitioners under Sections 323/324/148/149 IPC (later on added Section 326 IPC) vide F.I.R No. 74 dated 16.8.2010, at Police Station Sirhali, District Tarn Taran.

2.

Learned Counsel for the Petitioners submits that investigation of the case has already been completed and the Petitioners have been in custody since 23.9.2010. Thus, no useful purpose will be served by detaining the Petitioners in custody any longer.

3.

Learned State counsel has, however, opposed the prayer for bail on the ground that the allegations against the Petitioners are serious in nature.

4.

Keeping in view that the investigation has been completed and the report u/s 173 Code of Criminal Procedure has been submitted before the Competent Court of Jurisdiction and the fact that offences mentioned in the F.I.R are triable by Magistrate. I am of the considered view that no useful purpose would be served by detaining the Petitioners any longer.

5.

Without expressing any opinion on the merits of the case, I deemed it appropriate to grant bail to the Petitioners. Accordingly, the petition is allowed and the Petitioners are ordered to be released on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Tarn Taran.