← Library
High Court of Punjab and HaryanaCRM-M/7050/2015dismissed

Subhash Chander v. State Of Punjab

2015-03-31Mr. Justice S.C. Malte2 pages

CRM-M-7050-2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-7050-2015 Date of Decision: March 31, 2015 Subhash Chander

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Brijeshwar Singh Bhalla, Advocate, for the petitioner.

Mr. Piyush Bansal, DAG, Punjab, for the respondent.

NARESH KUMAR SANGHI, J (Oral) Prayer in this petition filed under Section 439, Cr.P.C., is for grant of bail to the petitioner, Subhash Chander, son of Lal Chand, resident of Chowk Shekhan Moga, District Moga, who has been booked for having committed the offences punishable under Sections 120-B, 420, 465, 467, 468 and 471, IPC, in a case arising out of FIR No. 125, dated 17.6.2014, registered at Police Station, City-I, Moga.

At the very outset, learned counsel for the petitioner submits that the bail application of the petitioner was rejected by learned Sessions Judge, Moga, vide order dated 2.8.2014 (Annexure P-7). At that time, the matter was under investigation PRASHANT KAPOOR 2015.04.01 16:34 I attest to the accuracy and authenticity of this document

CRM-M-7050-2015 and even the charge-sheet (report under Section 173, Cr.P.C.) had not been presented. He further submits that the petitioner may be relegated to file bail application afresh before learned Trial Court, in view of changed circumstances. Learned counsel for the State has no objection to the above prayer.

In view of the fact that all the offences are triable by learned Judicial Magistrate Ist Class and after filing of the charge-sheet (report under Section 173, Cr.P.C.), the petitioner has not filed the bail application before learned Trial Court, therefore, the present petition is permitted to be withdrawn with permission to file fresh bail application before learned Trial Court. In case the petitioner moves the bail application within 15 days of passing of this order, the same shall be disposed of as expeditiously as possible without being influenced by the fact that earlier bail applications were dismissed by the Court of Session or withdrawn from this Court.

(NARESH KUMAR SANGHI) JUDGE March 31, 2015 Pkapoor PRASHANT KAPOOR 2015.04.01 16:34 I attest to the accuracy and authenticity of this document