Lakhan vs State of Punjab

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 326, 325, 323 read with Section 34 IPC at Police Station Baghapurana, District Moga, vide FIR No. 106 dated 30th August, 2010.

Learned Counsel for the Petitioner contends that Petitioner has been in custody for more than three months and investigation of the case has been completed, thus no useful purpose will be served by detaining the Petitioner in custody any longer.

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 investigation has been completed and trial is in progress.

Heard. Keeping in view the aforesaid contentions, the period of incarceration already undergone by the Petitioner and the fact that the case is triable by the Magistrate, I am of the considered view that no useful purpose will be served by detaining the Petitioner in custody during the pendency of the trial as 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, Moga.