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(2021) Law Today Live Doc. Id. 16202
Decided on: 29.04.2021
Present:
Mr. Umesh Aggarwal, Advocate for the petitioner.
Mr. Sukhbir Singh, AAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 148, 149 (Sections 302, 212, 216 IPC added lateron) -- Arms Act, 1959 (54 of 1959), Sections 25, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner was unarmed, he is not attributed any specific injury, he is in custody for over 3 ½ years, 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 -- Petition allowed, petitioner ordered to be released on regular bail.
(Para 6, 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.201 dated 13.10.2016, under Sections 307, 323, 148, 149 IPC and Sections 25, 54, 59 of the Arms Act, 1959 and Sections 302, 212, 216 IPC added later on, registered at Police Station Sadar, District Amritsar.
3. Learned counsel for the petitioner contends that although the petitioner is named in the FIR but no specific injury has been attributed to him. The deceased had expired due to solitary gun shot injury which is attributed to the co-accused Amit Kumar @ Mita. He further contends that the complainant and the eye-witness have been examined. The petitioner is in custody for over 3 ½ years.
4. Learned State counsel, upon instructions from ASI Balwinder Singh, contends that 3 out of 50 prosecution witnesses have been examined. He also contends that the petitioner is also involved in several other cases.
5. Heard.
6. In view of the above, especially when the petitioner was unarmed, he is not attributed any specific injury, he is in custody for over 3 ½ years, 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.
8. The petitioner shall report in Police Station Sadar, District Amritsar every alternate Monday and he shall also keep his location of the mobile phone switched on.
Petition allowed.
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