JOGINDER KUMAR @ DEEPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner vide FIR No. 70 dated 05.10.2010 under Sections 306/34 IPC at Police Station Hajipur, District Hoshiarpur.

(2.) LEARNED Counsel for the Petitioner contends that from the allegations levelled in the FIR, no case of abetment or suicide is made out. He submits that Petitioner is in custody since 17.12.2010. According to him, investigation of the case qua Petitioner Joginder kumar @ Deepu and co -accused Jasbir Kaur has been completed and challan presented before the competent Court of jurisdiction, thus, no useful purpose would be served by detaining the Petitioner in custody during the pendency of trial. Learned State Counsel has opposed the prayer for bail. He submits that ingredients of offence under Section 306 IPC are clearly made out from the facts of the case. He, however, does not dispute the fact that investigation has been completed and challan presented before the competent Court of jurisdiction.

(3.) KEEPING in view the aforesaid contentions, period of incarceration of the Petitioner and the fact that trial may still take long time to conclude, I am of the considered view that no useful purpose would be served by detaining the Petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner. Accordingly, the petition is allowed and Petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur.