Petitioner sought regular bail under Section 439 CrPC for offences under IPC 307/34/25 and Arms Act. Bail was granted despite pending trial, considering petitioner's youth, simple injuries caused, and unexamined witnesses.
Request allowed. Released on bail pending trial, bond with local sound surety only.
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CRM No.M-5821 of 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-5821 of 2013 Date of decision: 5.4.2013
Pintu Kumar
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Ms.Shivya Sehgal, Advocate for the petitioner Mr.Mehardeep Singh, DAG, Punjab assisted by ASI Harbhajan Singh
Jitendra Chauhan, J. (Oral)
By filing the present petition under Section 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in case FIR No. 168, dated 14.11.2012, registered under Sections 307, 34 of the Indian Penal Code and Section 25 of the Arms Act at Police Station Division No.7 (Varadhman), District Ludhiana.
Learned counsel for the petitioner contends that the petitioner has been attributed simple injuries. He is in custody since 14.11.2012. He is a young man of 21 years and not involved in any other FIR.
On the other hand, the learned counsel for the respondentState opposes the prayer of the petitioner. He submits that the petitioner actively participated in the crime. Recovery of country made pistol was
CRM No.M-5821 of 2013 2
effected from the petitioner. He further informs that charges have been framed, but none of the witnesses has been examined as yet.
Heard.
The petitioner is a young man of 21 years. He caused simple injury. He is in custody since 14.11.2012. Out of fifteen witnesses, none has been examined so far. The conclusion of the trial is likely to take a long time. Section 34 of IPC is debatable.
Without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail during the pendency of the trial subject to furnishing the bail bonds to the satisfaction of the learned trial Court.
As the petitioner hails from Bihar, a local sound surety will only be accepted.
5.4.2013 (JITENDRA CHAUHAN) gsv JUDGE
1 issue framed by the court
Whether to grant bail in a fresh remand petition filed under Section 439 CrPC.
1 provisions across 1 enactments
Pintu Kumar
State of Punjab
Jitendra Chauhan J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
