High Court of Punjab and HaryanaCRM-M/39094/2018allowed

Nanku Verma @ Nitin Verma v. Ut Of Chandigarh

2019-03-11Mr. Justice Gurmit Ram2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-39094 of 2018 (O&M) Date of decision: 11.03.2019 Nanku Verma @ Nitin Verma ..Petitioner

Versus

State of Chandigarh (U.T.) ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. Sandeep Gahlawat, Advocate for the petitioner.

Mr. Parveen Chauhan, Advocate for Mr. Gagandeep S. Wasu, APP, UT Chandigarh for the respondent.

*** Daya Chaudhary, J. (Oral) CRM No.5861 of 2019 This application has become infructuous as the main case is listed for today itself.

CRM-M No.39094 of 2018 The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of regular bail in case FIR No.0219 dated 19.07.2018 registered under Sections 420, 473 IPC and Sections 467, 468, 471 read with Section 120-B IPC added later on at Police Station Sector 19, Chandigarh.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas he was not involved. The offence is triable by the Magistrate. The petitioner is in custody since NEETU RANI 2019.03.12 10:25 I attest to the accuracy and integrity of this document High Court Chandigarh

Criminal Misc. No. M-39094 of 2018 (O&M) 18.08.2018. which comes to more than 61⁄2 months. Learned counsel further submits that complainant has been examined and he has not supported the case of the prosecution. There are total 18 prosecution witnesses. Trial may take time to conclude and no purpose would be served by keeping the petitioner in custody.

Learned counsel for UT Chandigarh has not disputed the custody period as well as stage of trial and also the fact that complainant has not supported the case of the prosecution.

Heard arguments of learned counsel for the parties and have also perused the contents of the FIR and other documents available on the file.

By considering that the petitioner is in custody since 18.08.2018; offence is triable by the Magistrate; there are total 18 prosecution witnesses; complainant has not supported the case of the prosecution; trial may take time to conclude; no purpose would be served by keeping the petitioner in custody, the present petition is allowed and the petitioner (Nanku Verma @ Nitin Verma) is directed to be released on regular bail on furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

11.03.2019 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2019.03.12 10:25 I attest to the accuracy and integrity of this document High Court Chandigarh