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Gurpreet Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 May 2011 · Citation: (2011) 05 P&H CK 0148

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Arms Act, 1959 — Section 25, 27 · Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 148, 149, 302, 307, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-9917 of 2011
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Judgment

5 paragraphs · 252 words

Rajan Gupta, J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner vide FIR No. 18 dated 20.01.2010 under Sections 302/307/506/148/149 IPC and Sections 25/27 of the Arms Act at Police Station Jagraon, District Ludhiana (Rural).

2.

Learned Counsel for the Petitioner contends that in the alleged occurrence no role is attributed to the Petitioner. Only allegation against him is that he was present on the spot and for this reason he is arraigned as an accused with the aid of Section 148/149 IPC. He submits that Petitioner is in custody for last one year now and trial is still at its initial stage, thus, no useful purpose would be served by detaining the Petitioner in custody any longer.

3.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioner are serious. He submits that case is fixed before the trial court for consideration of charges.

4.

Heard.

5.

Keeping in view the aforesaid contentions and the fact that no overt act is attributed to the Petitioner, I am of the considered view that no useful purpose would be served by detaining the Petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner. Accordingly, the petition is allowed and Petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana.