Surjit Singh vs State Of Punjab on 17 August, 2009

Criminal Misc. No. M-10324 of 2009                     1



IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH

                                  Criminal Misc. No. M-10324 of 2009
                                  Date of decision: August 17, 2009


Surjit Singh                             -Petitioner

               Versus

State of Punjab                          -Respondent

Coram          Hon'ble Mr. Justice Rajan Gupta

Present:       Mr. AS Kalra, Advocate, for the petitioner.
               Mr. Shilesh Gupta, DAG, Punjab.

Rajan Gupta, J.(Oral)

Mr. Kalra submits that the petitioner is not named in the FIR

and has been arraigned as an accused on the statement of co-accused

Surinderpal Singh. Counsel further submit that the petitioner has been in

custody almost for the last three years and the case is triable by the

Magistrate.

Learned State counsel, however, opposes the prayer for bail on

the ground that the petitioner is a habitual offender and is involved in a

number of other cases. According to him, in case the petitioner is to be

enlarged on bail, stringent conditions be imposed in order to prevent him

from evading the process of law.

Keeping in view the fact that the petitioner is in custody for the

last three years and the case is triable by the Magistrate as also the fact that

the trial may take a considerable time to conclude, no useful purpose will

be served by detaining him in custody pending trial. So, without expressing
Criminal Misc. No. M-10324 of 2009 2

any opinion on merits of the case, the instant petition is allowed and the

petitioner is directed to be enlarged on bail to the satisfaction of Chief

Judicial Magistrate, Ludhiana. This, however, will be subject to heavy

surety and any other condition, which the trial court may deem fit to impose.

[Rajan Gupta]
Judge
August 17, 2009.

‘ask’