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(2020) Law Today Live Doc. Id. 15373 = 2020 L.A.R. (e-Suppl.) 1054
Decided on: 14.09.2020
Present:
Mr. Ashish Aggarwal, Advocate for the petitioner.
Mr. Dhruv Dayal, Senior DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 307, 336, 148, 149 -- Arms Act, 1959 (54 1959), Section 25 and 27 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Attempt to murder – Regular bail -- Injured has fully recovered -- Petitioner is in custody for over 02 years and 05 months -- 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 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.55 dated 02.04.2016, under Sections 307, 336, 148, 149 IPC and Section 25 and 27 of the Arms Act registered at Police Station Chheharta, District Amritsar City.
3. Learned counsel for the petitioner contends that the allegations in the FIR are that there was a quarrel between two groups and gun shots were fired and one of the shot had hit a passerby namely Kanwaljit Singh on his foot. He has fully recovered from the injury. No specific role has been attributed to the petitioner in the FIR. He is in custody for over 02 years and 05 months. He also contends that the petitioner was found Covid-19 positive while in jail and his quarantine period is over.
4. Learned State counsel contends that as per the custody certificate the petitioner is in custody for 02 years, 05 months and 11 days. He, however, contends that the petitioner is also involved in several other cases. He upon instructions from ASI Gurpratap Singh contends that although challan has been filed but none of the 31 prosecution witnesses has been examined.
5. Heard through video conferencing.
6. In view of the submissions of learned counsel for the petitioner, especially when the injured has fully recovered, the petitioner is in custody for over 02 years and 05 months, 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.
8. The petitioner shall appear before the Police Station Chheharta, District Amritsar City on every alternative Monday till the conclusion of the trial.
Petition allowed.
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