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(2022) Law Today Live Doc. Id. 16606
Decided on: 01.04.2022
Present:
Mr. S.S. Sodhi, Advocate for the petitioner.
Ms. Monika Jalota, D.A.G., Punjab.
Mr. Rituraj, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149, 120-B, 201 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case -- Regular bail -- No injury attributed with the weapon qua to the petitioner -- Petitioner is in custody since 01.09.2020 -- Court deemed it appropriate to allow the benefit of regular bail to the petitioner.
(Para 1-4)
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SANDEEP MOUDGIL, 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.0128 dated 09.08.2020 under Sections 302, 148, 149 IPC later on added offences under Sections 120-B and 201 of IPC registered at Police Station Bullowal, District Hoshiarpur.
2. Learned counsel for the petitioner submits that the petitioner though has been shown in possession of the weapon namely kirch, which was allegedly recovered from his possession, however, no injury has been attributed with the said weapon qua the petitioner.
3. Learned State counsel on instructions from SI Kamaljit Singh submits that she cannot controvert the fact that there is no injury attributed to the petitioner with the alleged weapon recovered from his possession. Similar is the stand taken by learned counsel appearing on behalf of the complainant.
4. In view of the facts as discussed hereinabove alongwith the submissions made by learned counsel for the State as well as for the complainant, respectively and also keeping in view the fact that the petitioner is in custody since 01.09.2020, I deem it appropriate to allow the benefit of regular bail to the petitioner. The petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, Hoshiarpur.
Petition allowed.
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