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Judgment
17 paragraphs · 292 wordsAnoop Chitkara, J
FIR No.
Dated
Police Station
Sections
299
23.11.2022
Tanda, District Hoshiarpur
307, 324 IPC and 25, 27 of Arms Act, 1959
The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
In paragraph 25 of the bail petition, the accused declares that he has no criminal antecedents.
Petitioner’s contention is that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
State opposes the bail.
REASONING:
The allegations against the petitioner are of firing a bullet shot on chest of complainant, when complainant refused to board in his car as he was under the influence of liquor. A perusal of the bail petition and the documents attached, primafacie points towards the involvement of the petitioner and does not make out a case for bail. Any further discussions are likely to prejudice the petitioner; this court refrains from doing so.
Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
Petition dismissed in terms mentioned above. However, considering the petitioner's custody, the ends of justice will meet by expediting the trial. This court requests the concerned trial court to take up this trial on priority and endeavor to conclude it by Sept 31, 2023. The expediting of the trial is subject to the condition that the petitioner shall not seek any adjournment, and if he does so, this order expediting the trial shall stand recalled automatically under section 362, read with 482 CrPC, without any further reference to this court. All pending applications, if any, stand disposed of.