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(2020) Law Today Live Doc. Id. 15589 = 2020 L.A.R. (e-Suppl.) 1834
Decided on: 06.11.2020
Present:
Ms. Sushma Chopra, Advocate for the petitioner.
Mr. Bhupender Beniwal, AAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Arms Act, 1959 (54 of 1959), Section 25, 57 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case – Regular bail -- Only attribution to the petitioner is lalkara -- Petitioner in custody from the last 01 year and 02 months -- Out of 28 prosecution witnesses, none has been examined till date -- Trial will take time to conclude because of COVID-19 pandemic -- No useful purpose would be served by keeping the petitioner behind the bars -- Without commenting anything on the merits of the case, the petition allowed and the petitioner ordered to be released on bail.
(Para 7, 8)
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HARNARESH SINGH GILL, J. (ORAL) –
1. Case is taken up for hearing through video conferencing.
2. The petitioner seeks regular bail in FIR No. 0002 dated 06.1.2019 under Sections 302, 34 IPC and Sections 25 and 57 of the Arm Act, 1959 registered at Police Station Mallanwala, District Ferozepur.
3. Custody certificate by way of affidavit of Deputy Superintendent, Central Jail, Ferozepur has been filed through e-mail. Copy of the same is taken on record.
4. Learned counsel for the petitioner submits that the petitioner has only been attributed lalkara. She has drawn the attention of this Court towards the order dated 17.2.2020, passed by the Additional Sessions Judge, vide which it has been noted that except lalkara, no injury has been attributed to the petitioner.
5. Learned State counsel has pointed out that the petitioner was armed with kahi (spade) and he was part of the unlawful assembly, in which Karam Singh received bullet injury from the co-accused and the custody of the petitioner is only one year and two months. He further states that out of 28 prosecution witnesses, none has been examined so far.
6. I have heard the learned counsel for the petitioner and the learned State counsel.
7. In the present case, the only attribution to the petitioner is lalkara and as per the FIR, he has been in custody from the last 01 year and 02 months. Moreover, out of 28 prosecution witnesses, none has been examined till date. The trial will take time to conclude because of COVID-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.
8. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.
Petition allowed.
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