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Judgment
Jaswant Singh, J.—Prayer is for grant of regular bail u/s 439 Cr.PC to the Petitioner Mohna in case bearing FIR No. 30 dated 16.3.2010 under Sections 457, 380 of the Indian Penal Code registered with police Station Sadar, Moga.
The allegations against the Petitioner are that he was one of the 25-30 armed persons who committed theft of 244 bags of wheat from the open plenth belonging to Punjab Agro Food Grain Corporation Department. During investigation Petitioner was arrested on 9.6.2010 and recovery of 30 bags of stolen wheat has been effected from him.
Learned Counsel submits that Petitioner is in custody since 9.6.2010 and challan has been presented.
Learned State Counsel on instructions from HC Balraj Masih concedes that the challan has been presented and the Petitioner is in custody since 9.6.2010.
Without expressing anything on the merits of the case, keeping in view the fact that the investigation is over, challan has been presented and conclusion of trial is likely to take sometime, no useful purpose is going to be served by keeping the Petitioner behind the bars. As such the present petition is allowed and Petitioner Mohna is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Moga.