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Judgment
27 paragraphs · 316 wordsPetitioner-Jugraj Singh, has filed this petition under Section
439 of the Code of Criminal Procedure, 1973 for grant of regular bail in
case FIR No.4 dated 19.01.2016, registered at Police Station Beas, District
Amritsar, under Sections 302, 307, 148 and 149 of the Indian Penal Code
and Section 25 of the Arms Act, 1959.
Notice of motion was issued. Learned State counsel appeared
and contested the instant petition.
I have heard learned counsel for the petitioner as well as
learned State counsel and gone through the record.
From the record, I find that as per allegations two persons
armed with pistol came on motorcycle. The pillion rider of the said
motorcycle, caught hold the brother of the complainant namely Gurpreet
Singh alias Kaka and fired a shot from his pistol on his brother, which hit on
his right side of neck. It is further stated that the brother of the complainant caught hold the assailant and during scuffle, accidently pistol released the
fire shot hitting on the left side of back of that person. The other person
namely Mani, to whom the complainant was already knowing, also fired a
shot from his pistol which hit on the left thigh of the assailant. As per the
allegations, the petitioner has been named by the co-accused and lalkara has
been attributed to him.
Moreover, the charges have not been framed yet and the case is
at preliminary stage. Therefore, there is every change of tempering with the
evidence, if the petitioner is released on bail.
Keeping in view the facts and circumstances of the present
case, nature and gravity of the offence and the stage of the case, I do not
find it a fit case where the petitioner is entitled to benefit of regular bail.
Therefore, finding no merit in the instant petition, the same is
dismissed at this stage.
