Petition for regular bail under Section 439 Cr.P.C. regarding FIR under IPC and Arms Act dismissed as challan presented but complainant not examined yet.
Bail prayer dismissed as no grounds made out at this stage.
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CRM No.M-10468 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-10468 of 2012 (O&M)
Date of decision : 18.07.2012
Chetan Biala
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. K.L. Chaudhri, Advocate, for the petitioner.
Mr. Mehardeep Singh, DAG, Punjab.
Ms. G.K. Mann, Advocate for the complainant.
JITENDRA CHAUHAN, J. (Oral)
The present petition has been filed under Section 439 of the Code of Criminal Procedure (for short, 'the Cr.P.C.') seeking regular bail in case FIR No.181 dated 14.11.2011, registered under Sections 307/324/34 of the Indian Penal Code, (for short, 'the IPC') read with Section 25 of the Arms Act, at Police Station, 'E' Division, Amritsar.
The learned counsel for the petitioner, inter alia, contends that the other injured persons, namely, Suresh Kumar, Malkiat Singh and Vipan Kumar, have stated that the petitioner did not participate in the crime. The petitioner has been substituted for some unknown
CRM No.M-10468 of 2012 -2-
persons purely on account of suspicion.
On the other hand, the learned State counsel submits that challan has been presented against the petitioner but the charges are yet to be framed.
Heard.
As per the FIR, the petitioner gave gunshot injury to the complainant. Though, the challan has been presented, but the complainant is yet to be examined. Therefore, no ground for grant of
the relief sought is made out at this stage.
Dismissed at this stage.
18.07.2012 atulsethi
(JITENDRA CHAUHAN) JUDGE
Note : Whether to be referred to reporter ? Yes / No
3 issues framed by the court
Whether regular bail should be granted to the petitioner under Section 439 Cr.P.C.
Whether grounds for bail exist given that the challan is presented but the complainant has not been examined
Whether the petitioner was wrongly implicated in the crime
1 provisions across 1 enactments
Chetan Biala
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
