SHYAM VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 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.

(2.) Learned Counsel for the Petitioner submits that the Petitioner has already been discharged for offence under Section 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.

(3.) 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.