Kulwinder Singh @ Kindu vs State Of Punjab

Manjari Nehru Kaul, J

Instant petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in case FIR No.4

dated 11.01.2019 registered under Sections 307, 332, 353, 186, 323, 224, 148 and 149 of the Indian Penal Code, 1860 at Police Station Kot Ise Khan

District Moga, Punjab.

Learned counsel for the petitioner contends that the petitioner who has been in custody w.e.f. 08.08.2020 was arrayed as an accused only in the

supplementary statement made by the complainant. He further contends that the similarly situated co-accused, Gurpreet Singh and another, has since

been extended with the concession of regular bail by this Court vide order dated 08.05.2020 passed in CRM-M-12072-2020. Hence, he may also be

extended the concession of regular bail.

Per contra, learned State counsel, on instruction from ASI Karanjit Singh, has not been able to controvert the factual aspects of the submissions made

by the learned counsel for the petitioner and has submitted that the challan has since been presented and the next date fixed before the trial Court is

21.12.2020 when the charges are likely to be framed. She further stated that the petitioner is involved in three other cases; one under Section 379-B of

the IPC, 1860 and two cases under Section 324 and 323 of the IPC, 1860.

Heard.

In view of the submissions made by learned counsel for the petitioner and the fact that the petitioner has been in custody since 08.08.2020, the trial is

unlikely to conclude in the near future more so in the wake of outbreak of pandemic COVID-19. Hence, the present petition is allowed and the

petitioner is admitted to bail to the satisfaction of the trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall

not be construed to be an expression of opinion on the merits of the case.