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(2020) Law Today Live Doc. Id. 15660 = 2020 L.A.R. (e-Suppl.) 2071
Decided on: 25.11.2020
Present:
Mr. Ankur Bansal, Advocate for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 354-D, 506 – Information Technology Act, 2000 (21 of 2000), Section 67(A) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Stalking – Regular bail – Petitioner sent obscene messages to complainant – FIR registered after six months of occurrence -- Petitioner is not involved in any other case; he is in judicial custody for the last about five months and also in view of the fact that conclusion of trial is likely to take some time -- Petition allowed.
(Para 1-6)
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ARVIND SINGH SANGWAN, J. (ORAL) –
1. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 83 dated 10.06.2020, registered under Sections 354-D, 506 of the IPC and Section 67(A) of the Information and Technology Act, 2000 at Police Station Maqsudan, District Jalandhar.
2. Learned counsel for the petitioner submits that petitioner is a first offender and the investigation is already complete; challan stands presented on 10.08.2020 and the petitioner is no more required for any further custodial investigation. It is further submitted that since the charges are not framed yet, the conclusion of trial is likely to take a long time as total eleven prosecution witnesses have been cited.
3. Learned counsel for the petitioner further submits that as per the allegations in the FIR, the petitioner has sent some obscene messages to complainant and the FIR has been registered after six months of the occurrence.
4. Learned State counsel has not disputed the factual position but opposed the bail.
5. I have heard learned counsel for the parties.
6. Without commenting upon the merits of the case, considering the fact that petitioner is not involved in any other case; he is in judicial custody for the last about five months and also in view of the fact that conclusion of trial is likely to take some time, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned.
Petition allowed.
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