The High Court granted regular bail to the petitioner during the trial proceedings. The court noted that no weapon was recovered, the complainant was abroad, and incarceration served no further purpose.
Petitioner admitted to bail pending trial subject to furnishing bail bonds to the satisfaction of the Magistrate, Ludhiana.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No.M-11925 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-11925 of 2012 (O&M)
Date of decision : 16.08.2012
Suresh Kumar @ Balli
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Bipan Ghai, Sr. Advocate, with Mr. Mandeep Kaushik, Advocate, for the petitioner.
Mr. Luvinder Sofat, AAG, Punjab.
JITENDRA CHAUHAN, J. (Oral)
This petition under Section 439 Cr.P.C. is for grant of regular bail during the pendency of the trial in case FIR No.57 dated 24.04.2009, registered under Sections 307, 148, 149 of the Indian Penal Code (for short, 'the IPC') Section 302 IPC added later on; and Section 25/27 of the Arms Act, at Police Station Sarabha Nagar, District Ludhiana.
The learned counsel for the petitioner contends that no injury is attributed to the petitioner. The challan has been filed.
CRM No.M-11925 of 2012 (O&M) -2-
The learned State counsel, on instructions from SI Manjeet Singh, states that the complainant has gone abroad.
Heard.
The allegation against the petitioner is firing a shot but no weapon has been recovered. Challan has been presented. The trial is not likely to be concluded in the near future. Therefore, no purpose would be achieved by keeping the petitioner in further incarceration.
Accordingly, without adverting to the merits of the case, the
present petition is allowed. The petitioner be admitted to bail during the pendency of the trial subject to their furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Ludhiana.
16.08.2012 atulsethi
(JITENDRA CHAUHAN) JUDGE
Note : Whether to be referred to reporter ? Yes / No
1 issue framed by the court
Whether regular bail should be granted to the petitioner during the pendency of the trial under Section 439 Cr.P.C.
4 provisions across 3 enactments
Suresh Kumar @ Balli
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
