Punjab-Haryana High Court
Om Parkash Pandey vs State Of Punjab on 19 March, 2012
Author: Rajan Gupta
Bench: Rajan Gupta
CRM-M-1313 of 2012 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM-M-1313 of 2012 (O&M)
Date of decision: 19.3.2012
Om Parkash Pandey ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. G.S. Verma, Advocate for the petitioner.
Mr. Raghbir Chaudhary, Sr. DAG, Punjab. Rajan Gupta, J (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 363, 366-A, 120-B IPC (and offence under section 376 IPC added later on) at Police Station Meherban, District Ludhiana, vide FIR No.82 dated 29th September, 2011.
Learned counsel for the petitioner has argued that petitioner is in custody since 31st October, 2011. Only allegation against him is that he helped the main accused. Investigation of the case has been completed and challan submitted before the competent court. Trial has commenced. Thus, no useful purpose will be served by detaining the petitioner any longer.
Learned State counsel has opposed the prayer for bail. He, however, does not dispute the period of incarceration of the petitioner and the fact that challan has already been submitted in court and trial is CRM-M-1313 of 2012 2 proceeding.
Heard.
Keeping in view the period of incarceration of the petitioner and the fact that challan has already been submitted in court and trial has commenced, I am of the considered view that no useful purpose will be served by detaining the petitioner any longer. 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, Ludhiana.
(RAJAN GUPTA) JUDGE 19.3.2012 'rajpal'