Pawan vs State Of Punjab

Manjari Nehru Kaul, J

This order shall dispose of CRM-M-24547-2020 and CRM-M-33432-2020, as the issue involved in all the cases is similar.

These petitions have been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case FIR No. 53, dated 21.03.2020, under

Sections 323, 427, 341, 307, 148, 149 IPC, registered at Police Station City Gurdaspur.

In compliance to the order dated 02.12.2020, affidavit of Sukhpal Singh, PPS, Deputy Superintendent of Police, City, District Gurdaspur, on behalf of

respondent State, filed in the registry, has been perused. As per the affidavit, there was no x-ray report/CT scan of the injured with respect to the

injuries suffered by him in the occurrence in question and hence no definite opinion could be given qua the nature of injuries suffered by him.

Learned State counsel has submitted that the next date of hearing before the trial Court is 23rd December, 2020, for framing of charges and petitioner

No.1 â€" Pawan was arrested on 21st March, 2020, whereas, petitioner No.2 â€" Sandeep Kumar @ Lucky surrendered before the trial Court on

07th August, 2020. Since then they have been in custody.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioners, as

the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is

allowed and the petitioners are admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed

hereinabove shall not be construed as an expression of opinion on the merits of the case.