Shyam Verma vs The State of Haryana

Rajan Gupta, J.—The present petition has been filed u/s 439 of Code of Criminal Procedure for seeking regular bail in case FIR No. 401 dated 5.12.2009 under Sections 61-1-14 of the Excise Act, 1914 read with Sections 420, 307 of IPC registered at Police Station Old Faridabad, District Faridabad.

Learned Counsel for the Petitioner submits that the Petitioner has already been discharged for offence u/s 307 IPC and only offences that survive against him are Section 420 IPC read with Section 61-1-14 of Excise Act. He also submits that said offences are triable by Magistrate. Learned Counsel further submits that the Petitioner is in custody since 5.12.2009 i.e. for the last about one year.

Learned State Counsel has opposed bail on the ground that the allegations levelled against the Petitioner are serious. He however, does not dispute the fact that case is triable by Magistrate.

Keeping in view the fact that Petitioner is in custody for the last one year and has been discharged of offence u/s 307 IPC, no useful purpose would be served by detaining him in custody any longer.

5.The present petition is allowed and the Petitioner, namely, Shyam Verma is directed to be released on bail to the satisfaction of CJM/Duty Magistrate, Faridabad.