Om Prakash Jha v. Ut Chandigarh
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I have heard learned counsel for the parties and perused the paper book as well as the custody certificate of petitioner handed over by learned counsel for the respondent-U.T., Chandigarh, in Court today. As per custody certificate dated 15.03.2023, the petitioner has already undergone six #6#" 63= /( -/-( + %
investigation in this case is complete and challan stands presented on 31.10.2022 and there are twelve witnesses cited in the challan; and the report of Central Forensic Science Laboratory is still awaited. Hence, trial in the case is likely to take long time and no useful purpose would be served by keeping the petitioner behind bars.
Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the concerned Station House Officer shall be informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case/trial and any change in the address shall be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer. He would also furnish his undertaking to the effect that he will not indulge in any illegal activity.
In addition, the petitioner (or anyone on his behalf) shall prepare a Fixed Deposit Receipt (F.D.R.) in the sum of Rs.50,000/- and submit the same with the trial Court. The same would be liable to be forfeited as per law in case the petitioner remains absent from trial without any sufficient cause.
Nothing expressed hereinabove shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for bail at this stage. The petition is accordingly disposed of.
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