High Court of Punjab and HaryanaCRM-M/35068/2016disposed of

Alok Kumar Shah v. State Of Punjab

2016-10-24Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-35068 of 2016 Date of decision : October 24, 2016 Alok Shah ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Sunil Chadha, Senior Advocate with Mr. MS Atwal, Advocate, for the petitioner Mr. J.S.Brar, AAG, Punjab, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Alok Shah in this second regular bail application under section 439 Cr.P.C. are that on 17.6.2012, the petitioner along with his co-accused non-applicant Rajeev, Joginder Kumar @ Malba @ Yogesh and Bharat @ Pandit had been instrumental in the death of deceased Raghu Nath brother of complainant Nathuni. The contentions of Mr. Chadha, senior counsel are that the petitioner is neither named in the FIR nor any role is assigned to him and that it was subsequent stage after almost three months in supplementary statement of the complainant recorded on 29.9.2012 his name has cropped up and which too is not sufficient to rope in the petitioner. It is also contended that the petitioner was initially declared as innocent and that he is in custody since 12.11.2014.

Dalbir Singh Tiwana 2016.10.27 11:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-35068 of 2016 -2The factual scenario is not disputed by the State counsel who has readily acceded to the same.

Keeping in view all this evidence, the substantive period of incarceration and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Kapurthala.

The present petition stands disposed off accordingly. ( Fateh Deep Singh ) October 24, 2016 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2016.10.27 11:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.