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(2021) Law Today Live Doc. Id. 16280
Decided on: 28.06.2021
Present:
Mr. Sanpreet Sandhu, Advocate for the petitioner.
Mr. Surender Singh, AAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 452, 506, 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Attempt to murder – Regular bail -- Delay of 02 days in registering the FIR -- Petitioner has given lathi blows on the waist and chest of the injured, who has fully recovered from the injury -- Challan has been filed but charges are yet to be framed – When the petitioner is in custody for over 08 months, he is not involved in any other case, Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.
(Para 2-6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Case taken up through video conferencing.
2. The petitioner is seeking regular bail in FIR No.16 dated 05.10.2020, under Sections 148, 149, 323, 452, 506 and 307 IPC, registered at Police Station Munak, District Karnal.
3. Learned counsel for the petitioner contends that there is a delay of 02 days in registering the FIR wherein it is alleged that the petitioner has given lathi blows on the waist and chest of the injured. The injured has fully recovered from the injury. The petitioner is not involved in any other criminal case and is in custody for over 08 months.
4. Learned State counsel upon instructions from ASI Satpal Singh states that the challan has been filed but charges are yet to be framed.
5. Heard through video conferencing.
6. In view of the above, especially when the petitioner is in custody for over 08 months, he is not involved in any other case, Covid 19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
7. Therefore, without expressing any opinion on the merits of the case, the petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
Petition allowed.
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