Gurjit Singh vs State Of Punjab

Manjari Nehru Kaul, J

Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.66 dated 25.06.2020 registered under

Sections 302, 307, 325, 506, 323, 148, 149, 120-B IPC,1860 and Sections 25, 27 and 29 of Arms Act at Police Station Mulepur District Fatehgarh

Sahib.

Learned Senior counsel for the petitioner inter alia contends that a perusal of the contents of the FIR clearly reveals that no injury much less any overt

act has been attributed to the petitioner except that when the accused were fleeing after firing at the complainant party, the petitioner who was driving

a tractor, raised a lalkara along with the other accused. He further contends that false implication of the petitioner is evident from the fact that neither

did he have any motive to be a part of the unlawful assembly nor did he share a common object with the co-accused nor any recovery was effected

from him subsequent to the alleged occurrence. It has been submitted that the petitioner has been in custody since 26.06.2020 and the trial is unlikely

to conclude in the near future as only challan has been presented till date. Hence, prayer has been made that in the facts and circumstances of the

case, the petitioner may be extended the concession of regular bail.

Per contra, learned State counsel while opposing the prayer of learned senior counsel for the petitioner on instructions from ASI Gulzar Singh has not

been able to controvert the factual aspect of the submissions made by learned senior counsel viz-a-viz the role of the petitioner in the alleged crime.

He has submitted that the pace of the trial has slowed down on account of the outbreak of the pandemic.

Heard.

In view of the submissions made by learned counsel and the fact that the petitioner has been in custody since 26.06.2020, the trial is unlikely to

conclude in the near future more so in the wake of outbreak of pandemic Covid-19. Hence, the present petition is allowed and the petitioner is

admitted to bail to the satisfaction of the trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be

construed to be an expression of opinion on the merits of the case.