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Rupinder Singh vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 27 March 2019 · Citation: (2019) 03 P&H CK 0222

HON’BLE JUDGES
Daya Chaudhary, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 319, 439 · Indian Penal Code, 1860 — Section 120B, 406, 420
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 31424 Of 2018 (O&M)
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Judgment

6 paragraphs · 342 words

Daya Chaudhary, J

Petitioner Rupinder Singh has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to him in case FIR No.205 dated 21.06.2018 under Sections 420, 406, 120-B of the Indian Penal Code, 1860 registered at Police Station - Ambala City, Distt. Ambala, during pendency of the trial.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case, whereas no specific allegations are there against him. He has been implicated in the case being the son-in-law of the main accused. Allegations against the petitioner and the co-accused, who is his wife, are same. Said co-accused was found innocent but subsequently, she has been summoned under Section 319 Cr.P.C. and she has been released on interim bail. Learned counsel also submits that only the presence of the petitioner is shown in the house of the main accused being relative but no specific allegation has been mentioned that he received any amount. Petitioner is in custody since 21.06.2018. The offence is triable by Magistrate and trial may take some time to conclude and no purpose would be served by keeping the petitioner in custody. He is ready to join the Court proceedings and to abide by terms and conditions to be imposed by this Court or by the trial Court.

Learned State counsel has not disputed the custody period as well as stage of the trial.

Heard arguments of learned counsel for the parties and have also gone through the contents of the FIR and other documents available on record.

By considering the submissions made by learned counsel for the petitioner and keeping in view the custody period since 21.06.2018 and also the fact that offence is triable by Magistrate; trial may take some time to conclude, no purpose would be served by keeping him in custody. Accordingly, the present petition is allowed and the petitioner is directed to be released on regular bail on furnishing adequate bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.