This is a bail petition where the court allowed regular bail for the petitioner, noting investigation completion and lack of flight risk, without expressing an opinion on merits.
Bail allowed to the satisfaction of the CJM/Duty Magistrate, Amritsar.
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-12137 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 12137 of 2013(O&M) Date of Decision: May 28, 2013.
Vishal @Mintu
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. B.S.Jaswal, Advocate, for the petitioner.
Mr. P.S.Paul, DAG, Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.53 dated 22.07.2012, under Section 307 IPC and Sections 25/27 of Arms Act, 1959, registered at police station Khilchian, District Amritsar.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Amritsar dismissing bail application filed on behalf of the petitioner.
CRM No.M-12137 of 2013
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It has been contended by learned counsel for petitioner-accused that his case is similar to co-accused, Ajay Kumar @Mithu, who has already been granted bail by this Court. It is further submitted that no injury has been attributed to present petitioner and that injury has been attributed to co-accused, Saify son of Narinder Singh. It is further contended that he has been continuing in custody since 13.09.2012 and that though investigation already completed and challan filed and however, trial is not likely to be concluded in near future.
This factual position has not been disputed by learned counsel for the State.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Vishal @Mithu is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Amritsar.
May 28, 2013. ‘om’
( RAM CHAND GUPTA ) JUDGE
1 issue framed by the court
Whether bail should be granted to the petitioner in the facts and circumstances stated.
3 provisions across 3 enactments
Vishal @Mintu
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
