Crl. Misc. No. M-36520 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-36520 of 2010 (O&M) Date of decision : 27.1.2011 Jagdish @ Soma ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. V.K. Thakur, Advocate for the petitioner. Ms. RK Nihalsinghwala, Sr. DAG, Punjab. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 324, 323, 326, 148, 149, 367 and 341 IPC at Police Station Sadar Kapurthala, District Kapurthala, vide FIR No.62 dated 1st July, 2010. Learned counsel for the petitioner has argued that petitioner is in custody since 29th October, 2010 and the investigating agency has not presented the challan till now. He submits that even otherwise the petitioner is entitled to grant of bail in view of the provisions of Section 167 (2) Cr.P.C. Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. He, however, does not dispute the fact that the challan has not been presented in the case till now. Heard. Crl. Misc. No. M-36520 of 2010 2 Keeping in view the period of incarceration and the fact that 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, Kapurthala. (RAJAN GUPTA) JUDGE 27.1.2011 'rajpal'