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Judgment
14 paragraphs · 274 wordsJaishree Thakur, J
This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.93 dated 08.07.2020 registered under Section 3 of SC and
ST (Prevention of Atrocities) Act, 1989 and Sections 323 & 506 IPC at Police Station Garhshankar, District Hoshiarpur.
Learned senior counsel for the petitioner inter alia would contend that the instant FIR is nothing but a counter blast to the complaints filed by the
petitioner against Sarpanch namely Sukhchain Singh, which is evident from the fact that witness namely Gurjit Singh in the present case is the son of
said Sarpanch and complainant is the uncle of Gurjit Singh. The petitioner herein is in custody since 22.10.2020 and the challan has already been
presented, therefore, custodial interrogation of the petitioner is no longer required.
Learned counsel appearing on behalf of the respondent-State as well the counsel for the complainant oppose grant of regular bail to the petitioner by
contending that the offence committed is serious in nature.
I have heard learned counsel for the parties and have perused the paper book.
Keeping in view the fact that the challan has been presented and the fact that the trial is likely to take some time to conclude owing to novel corona
virus situation, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to
be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any
observation made herein shall not be construed to be an expression on merits of the case.
