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(2021) Law Today Live Doc. Id. 16304
Decided on: 07.07.2021
Present:
Mr. Amardeep Sheoran, Advocate for the petitioner.
Mr. Vijesh Sharma, Addl.A.G., Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 307, 324, 506 (Sections 379-B, 201, 34 IPC added and Sections 148, 149 IPC deleted later on) -- Arms Act, 1959 (54 of 1959), Sections 25, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Knife blow by petitioner on the stomach of injured who has fully recovered from the injury -- Motorcycle of injured recovered from the co-accused – Petitioner is not involved in any other case – Petitioner is in custody for over a year, the 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. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.401 dated 30.06.2020, under Sections 148, 149, 307, 324, 506 IPC and Sections 25, 54, 59 of the Arms Act, 1959 (Sections 379-B, 201, 34 IPC added and Sections 148, 149 IPC deleted later on), registered at Police Station Shivaji Colony, District Rohtak.
3. Learned counsel for the petitioner contends that it is alleged that the petitioner had given a knife blow on the stomach of Kuldeep. The injured has fully recovered from the injury. He further contends that offence under Section 379-B IPC was added later on, on the allegations that the motorcycle of the injured has been taken away. The motorcycle has been recovered from the co-accused namely Abhishek. The petitioner is in custody for over a year since his arrest on 03.07.2020 and he is not involved in any other case.
4. Learned State counsel, upon instructions from SI Krishan, contends that challan has been filed but charges are yet to be framed.
5. Heard.
6. In view of the above, especially when the petitioner is in custody for over a year, the 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 instant 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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