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Judgment
11 paragraphs · 218 wordsPrayer in this petition is for grant of bail pending trial to the petitioner in case FIR No. 10 dated 16.01.2018 under Sections 307, 148, 149 of Indian
Penal Code and Sections 25, 54, 59 of Arms Act (challan presented under Sections 307/34 and 25, 54, 59 of Arms Act) registered at Police Station
Canal Colony, District Bathinda.
Learned counsel for the petitioner submits that in the original version given by the complainant the petitioner was not even named. In the FIR, his
name cropped up subsequently on the basis of the statement of the injured recorded under Section 161 Cr.P.C. Even as per that statement, no specific
injury is attributed to the petitioner. He further submits that the petitioner is in custody since 16.01.2018 and nothing has been recovered from him.
Learned State counsel submits that no recovery has been effected from the petitioner. However, it is submitted that it is a case of gun shot injury, bail
should not be granted to the petitioner.
In view of the above submissions made by learned counsel for the petitioner but without commenting upon the merits of the case, the present petition
is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial
Court/Duty Magistrate.