CRM No. M-22845 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-22845 of 2009 (O&M)
Date of decision: 30.10.2009
Rajinder Singh @ Rinku Baba ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. GS Nahel, Advocate, for the petitioner.
Mr. Shailesh Gupta, DAG, Punjab.
Mr. Dinesh Arora, Advocate for the complainant.
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 392, 454,
397, 120-B IPC at Police Station City Malerkotla, vide FIR No.233
dated 29th November, 2008.
Learned counsel for the petitioner submits that the
petitioner was not on the spot when the crime was committed. The only
allegation against the petitioner is that he stood outside the house at the
time of commission of crime. He further submits that the petitioner is in
custody since 3rd December, 2008.
Learned counsel for the State, on the instructions from ASI
Jagtar, states that allegations against the petitioner are serious. He,
however, submits that two prosecution witnesses have already been
CRM No. M-22845 of 2009 2
examined in this case and the trial is in progress.
Keeping in view the facts and circumstances of the case and
the fact that the petitioner is in custody since 3rd December, 2008 and
the trial is in progress, no useful purpose will be served by detaining the
petitioner in custody during the pendency of the trial. So, 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, Sangrur.
(RAJAN GUPTA)
JUDGE
October 30, 2009
‘rajpal’