High CourtsSingle Bench

Gurmeet Singh @ Gora And Another vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 19 January 2021 · Citation: (2021) 01 P&H CK 0242

HON’BLE JUDGES
Lalit Batra, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 148, 149, 392, 452, 506 · Arms Act, 1959 — Section 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 23890 Of 2020
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Judgment

21 paragraphs · 371 words

Lalit Batra , J

Case has been taken up for hearing through Video Conferencing.

Present petition under Section 439 Cr.P.C is for grant of regular bail to petitioners-Gurmeet Singh @ Gora and Inderjit Singh @ Prince in case F.I.R.

No.62 dated 21.06.2020 under Sections 148, 392, 452 and 506 IPC read with Section 149 IPC and Section 25 of Arms Act, registered at Police

Station D-Division, District Police Commissionerate, Amritsar.

Reply dated 02.10.2020 by way of affidavit of Sanjeev Kumar, PPS, Assistant Commissioner of Police, Central, Amritsar, alongwith Annexures on

behalf of respondent-State filed and the same is taken on the record.

Learned counsel for the petitioners inter alia contend that petitioners have no nexus whatsoever with the alleged offence. They further submit that

petitioners are in custody since 28.06.2020 and they are no more required by the Police for any investigation purpose. They further submit that challan

has already been presented in the Court on 25.09.2020. They further urge that since trial of the case would take sufficient time to conclude, no useful

purpose would be served by keeping the petitioners in custody further and they may be released on bail.

On the other hand, learned State counsel while opposing instant petition has vehemently argued that keeping in view seriousness of offence, petitioners

do not deserve the concession of bail.

I have heard learned counsel for the parties and have carefully gone through the contents of petition as well as reply furnished at the instance of

respondent-State.

At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact

that petitioners are in custody since 28.06.2020 and since trial of the case would take sufficient time to conclude, no useful purpose would be served

by detaining the petitioners in custody further, thus, they deserve the concession of bail.

In view of above, instant petition for grant of regular bail moved by petitioners- Gurmeet Singh @ Gora and Inderjit Singh @ Prince is allowed and

they are ordered to be released on bail on their furnishing personal bonds and surety bonds to the satisfaction of Trial Court/Chief Judicial

Magistrate/Duty Magistrate, Amritsar, as the case may be.