High CourtsSingle Bench

Khushi Mohammad vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 18 August 2011 · Citation: (2011) 08 P&H CK 0003

HON’BLE JUDGES
Rakesh Kumar Jain, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 420
CASE NUMBER
CRM M 16822 of 2011
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Judgment

4 paragraphs · 171 words

Rakesh Kumar Jain, J.—This is a petition for regular bail pending trial u/s 439 of the Code of Criminal Procedure, 1973 (for short,''Cr.P.C.'') in a case registered vide FIR No.33 dated 28.3.2010, u/s 420 IPC, at Police Station Sadar Malerkotla.

2.

Learned counsel for the petitioner submits that he is in custody from 26.4.2011, whereas challan has already been presented but no witness has been examined. It is submitted that petitioner is neither a previous convict nor any other case is pending against him.

3.

Learned counsel for the State, however, submits that allegation against the petitioner is that he had taken Rs.10,00,000/-from the two complainants on 11.9.2006 but the FIR was registered on 26.8.2009.

4.

After hearing the learned counsel for the parties and taking into consideration the facts and circumstances of the case but without making any observations on the merit, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court.