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RAKESH KUMAR JAIN versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Rakesh Kumar Jain v. State of Haryana - CRM-80257-M-2006 [2007] RD-P&H 1141 (1 February 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl. Misc. No.80257-M of 2006

DATE OF DECISION:01.2.2007

Rakesh Kumar Jain ..........Petitioner

Versus

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)

pooja JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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