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(2021) Law Today Live Doc. Id. 16261
Decided on: 11.06.2021
Present:
Mr. Parminder Singh Sekhon, Advocate, for the petitioner.
Mr. V.G. Jauhar, Sr. DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 307, 336, 323, 341, 427, 506, 148, 149, 120-B (Section 325 IPC added later on) -- Arms Act, 1959 (54 of 1959), Section 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Compromise – Regular bail -- Petitioner has been in custody for the last 03 months and 07 days – No role attributed to the petitioner for causing any injury to the complainant -- Parties have compromised the matter -- Keeping in view the prevailing COVID-19 situation and the fact that trial may still take some time for its conclusion, court feels that there is no need to detain the petitioner any longer -- Petition allowed and petitioner is ordered to be enlarged on bail.
(Para 4, 7)
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RITU BAHRI, J. (ORAL) –
CRM-16524-2021
1. The application is for adding Section 325 IPC in the prayer clause of the main petition as the same has been added in the FIR later on.
2. For the reasons mentioned in the application, same is allowed and Section 325 IPC is ordered to be added in the prayer clause.
CRM-M-21995-2021
3. Custody certificate filed on behalf of respondent-State through email, is taken on record.
4. This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.312 dated 14.12.2020, under Sections 307/336/323/341/427/506/148/149/120-B IPC (Section 325 IPC added later on) and Section 25/27 of Arms Act, 1959, registered at Police Station, City, Sangrur, District Sangrur.
5. As per custody certificate dated 11.06.2021, petitioner has been in custody for the last 03 months and 07 days.
6. Learned counsel for the petitioner states that in the FIR, no role has been attributed to the petitioner for causing any injury to the complainant. He, however, states that name of the petitioner was disclosed by the complainant after having discharged from the hospital and now the parties have compromised the matter as per compromise dated 27.04.2021 (Annexure P-2). The petitioner has filed CRM-M-21566-2021 for quashing of the FIR on the basis of compromise.
7. Keeping in view the prevailing COVID-19 situation and the fact that trial may still take some time for its conclusion, this court feels that there is no need to detain the petitioner any longer. Accordingly, this petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur.
Petition allowed.
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