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(2021) Law Today Live Doc. Id. 16215
Decided on: 29.04.2021
Present:
Mr. Raman Goklaney, Advocate for the petitioner.
Mr. Sukhbir Singh, AAG, Punjab.
Mr. Vineet Sachdeva, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 324, 506, 427, 379-B, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Matter has been compromised, the petitioner is in custody for over 5 months, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deem it a fit case to grant the concession of regular bail to the petitioner.
(Para 7)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.256 dated 21.12.2020, under Sections 307, 323, 324, 506, 427, 379-B, 148 and 149 IPC, registered at Police Station City Fazilka, District Fazilka.
3. Learned counsel for the petitioner contends that the petitioner is alleged to have caused injury with kappa blow on the head of the injured, who has fully recovered from the injury. He further contends that the incident was outcome of a sudden quarrel between the residents of the same locality. He also contends that with the intervention of the respectable, the matter has been compromised. Copy of the compromise is at Annexure P-2. The petitioner is in custody for about 5 months.
4. Learned counsel for the complainant states that the matter has indeed been compromised.
5. Learned State counsel contends that challan has been filed but no prosecution witness has been examined.
6. Heard.
7. In view of the above, especially when the matter has been compromised, the petitioner is in custody for over 5 months, 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.
8. 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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