High CourtsSingle Bench(2011) 04 P&H CK 0209

Retd. Subedar Major Ram Swaroop vs The State of Haryana

Punjab And Haryana At Chandigarh · Decided on 18 April 2011

HON’BLE JUDGES
Rajan Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-3206 of 2011 (O and M)

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Judgment

5 paragraphs · 220 words

Rajan Gupta, J.—This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner under Sections 408, 420, 467, 468 and 471 IPC at Police Station Ambala Cantt, vide FIR No. 500 dated 31.10.2010.

2.

Learned Counsel for the Petitioner submits that Petitioner has been in custody since 14th December, 2010 and trial of the case is still at its initial stage. He submits that the entire amount, alleged to have been embezzled, has already been repaid by the Petitioner to the complainant.

3.

Learned State counsel has opposed the prayer for bail on the ground that the allegations against the Petitioner are serious in nature. He, however, submits that trial of the case is already in progress and one prosecution witness has been examined.

4.

Heard.

5.

Keeping in view the aforesaid contentions and the fact that the Petitioner has been in custody for more than four months and trial may take long time to conclude, I am of the considered view that no useful purpose will be served by detaining the Petitioner in custody any longer. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the Petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ambala.