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(2021) Law Today Live Doc. Id. 16241
Decided on: 01.04.2021
Present:
Mr. Abhinav Aggarwal, Advocate, for the petitioner.
Ms. Gaganpreet Kaur, A.A.G., Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 323, 324, 34, 341, 506 (Sections 307 & 325 IPC added) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Challan presented and trial is not likely to be concluded in the near future -- Considering the fact that the petitioner is in custody since 18.12.2020 and there is no other case against him, this Court deemed it appropriate to admit the petitioner on bail.
(Para 5)
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HARI PAL VERMA, J. (ORAL) –
1. Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.0318 dated 08.10.2020 under Sections 323, 324, 34, 341, 506 IPC (the offences under Sections 307 & 325 IPC were added later on, whereas the offence under Section 324 IPC was deleted in the final report under Section 173 Cr.P.C.), registered at Police Station Uchana, District Jind.
2. Learned counsel for the petitioner submits that the petitioner is in custody since 18.12.2020. He refers to medico legal reports of the injured-Naresh Kumar and Sushil, to contend that the injuries on their person are blunt in nature and there is no such injury, which could be termed as dangerous to life.
3. Learned State Counsel has opposed the bail application of the petitioner on the ground that the petitioner has attacked the injured and caused injuries to them. Challan has been presented for the offences under Sections 307, 325 IPC as well.
4. Heard learned counsel for the parties.
5. Initially, the present FIR was registered against the petitioner under Sections 323, 324, 34, 341, 506 IPC and at a later stage, the offences under Sections 307 & 325 IPC were added. Challan in the case has been presented and trial is not likely to be concluded in the near future. Considering the fact that the petitioner is in custody since 18.12.2020 and there is no other case against him, this Court deems it appropriate to admit the petitioner on bail.
6. Accordingly, the present petition is allowed and the petitioner is admitted on regular bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of trial Court/Duty Magistrate.
7. However, it is made clear that the observations made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall proceed with the trial independently without being influenced by the order of bail passed by this Court.
Petition allowed.
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