IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-28761 of 2008
Date of Decision: November 28, 2008
Angrej Singh
.....PETITIONER(S)
VERSUS
State of Punjab
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. G.S. Kaura, Advocate, for the
petitioner.
Mr. Kamaldeep Singh Sidhu, Deputy
Advocate General, Punjab, assisted
by Mr. R.S. Aulakh, Advocate, for
the complainant.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under
Section 439 Cr.P.C. for bail to petitioner, Angrej
Singh, in case FIR No.334 dated 13.10.2007 lodged for
commission of offences under Section(s) 307, 452,
427, 458, 148, 149 IPC, with Police Station,
Baghapurana, District Moga.
Learned counsel for the respondent-
State has pointed out that final report under Section
173 Cr.P.C. has been filed, however, the
investigating agency has not been able to find any
material to indicate commission of offence under
Section 307 IPC. Accordingly, Section 307 IPC has not
Crl. Misc. No. M-28761 of 2008 [2]
been invoked.
The petitioner is in custody since
28.8.2008. FIR relates to 13.10.2007. It transpires
that investigation was going on and therefore, the
petitioner was arrested at a belated stage.
Considering the fact that investigation
has been concluded and prosecuting agency has not
invoked Section 307 IPC, this petition is allowed.
Bail to the satisfaction of Chief
Judicial Magistrate, Moga.
(AJAI LAMBA)
November 28, 2008 JUDGE
avin