Bharat Singh vs State of Punjab

Rajan Gupta, J.—This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner under Sections 452, 427, 506, 148, 149 IPC and 25 of the Arms Act and Section 307 IPC (added later on) at Police Station Sadar Sangrur, District Sangrur, vide FIR No. 103 dated 15th July, 2010.

Learned Counsel for the Petitioner contends that in the alleged occurrence, Petitioner along with some co-accused was standing outside, while two others scaled the wall and entered the courtyard of the complainant Paramjit Kaur and grappled with her. According to him, shots were fired by the co-accused. However, no one was injured. He submits that Petitioner is in custody since 30th September, 2010 and investigation of the case has been completed.

Learned State counsel (on instructions from ASI Joginder Singh, who is present in court) has opposed the prayer for bail. He, however, agrees that investigation has been completed and challan presented before the competent court of jurisdiction.

Heard.

Keeping in view the facts and circumstances of the case and the period of incarceration of the Petitioner, I am of the considered view that no useful purpose will be served by detaining the Petitioner in custody any longer. The trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the Petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Sangrur.