High Court of Punjab and Haryana, Chandigarh
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Rakesh Kumar Jain v. State of Haryana - CRM-80257-M-2006  RD-P&H 1141 (1 February 2007)
Crl. Misc. No.80257-M of 2006
DATE OF DECISION:01.2.2007
Rakesh Kumar Jain ..........Petitioner
State of Haryana ..........Respondent
CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present:- Shri Rakesh Verma, Advocate
for the petitioner.
Shri Partap Singh, Sr. DAG, Haryana.
The petitioner has filed this petition under Section 439 Cr.P.C.
for the grant of regular bail in case FIR No. 606 dated 18.10.2006 under Section 7 and 10 of Essential Commodities Act, 1955, Seeds Control Order-1983, Insecticides Act, 1968, Fertilizer Control Order, 1985 and under Sections 420/467/468/471/120-B IPC added later on, registered at Police Station City Fatehbad.
I have heard counsel for the parties and gone through the contents of the FIR.
As per the allegation in the FIR, one firm, namely, M/s Oswal brothers was doing business of fertilizers and insecticides and the when the godown of the said firm was checked some misbranded material was recovered.
Counsel for the petitioner contends that son of the petitioner, namely, Rohit Kumar, who is in judicial custody, is the proprietor of the said firm and the petitioner has nothing to do with the running of the said business. Counsel further contends that the petitioner is in custody since 12.11.2006 and the alleged offences are to be tried by the Magistrate. Till date, even challan has not been filed. Trial is not going to conclude soon.
In view of the above factual position, I deem it appropriate to grant regular bail to the petitioner and he is accordingly ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of trial Court/Duty Magistrate.
February 01, 2007 (SATISH KUMAR MITTAL)
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