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Judgment
21 paragraphs · 397 wordsLalit Batra, J
Case has been taken up for hearing through Video Conferencing.
Present petition under Section 439 Cr.P.C is for grant of regular bail to petitioner-Satnam Singh @ Mamma in case F.I.R. No.25 dated 05.04.2020
under Sections 188 and 379-B IPC registered at Police Station Mattewal, District Amritsar Rural.
Learned counsel for the petitioner inter alia contends that petitioner has no nexus whatsoever with the alleged offence. He further urges that allegedly
victim-Gurmeet Singh had sustained abrasions. He further submits that petitioner is in custody since 05.04.2020 and he is no more required by the
Police for any investigation purpose. He further urges that challan has already been presented in the Court and since trial of the case would take
sufficient time to conclude, no useful purpose would be served by keeping the petitioner in custody further and he may be released on bail.
On the other hand, learned State counsel while opposing instant petition has vehemently argued that keeping in view seriousness of offence, petitioner
does not deserve the concession of bail. She further submits that as per instructions from Sub Inspector Kewal Singh, petitioner has been arrayed as
accused for the commission of offence punishable under Sections 379-B and 411 IPC.
I have heard learned counsel for the parties.
At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact
that petitioner is in custody since 05.04.2020; that petitioner is no more required by the Investigating Agency for investigation purpose; that challan has
already been presented in the Court and since consequent trial of the case would take sufficient time to conclude, no useful purpose would be served
by detaining the petitioner in custody further, thus, he deserves the concession of bail.
In view of above, instant petition for grant of regular bail moved by petitioner-Satnam Singh @ Mamma is allowed and he is ordered to be released on
bail on his furnishing personal/surety bonds to the satisfaction of Chief Judicial Magistrate/Trial Court/Duty Magistrate,
Amritsar, as the case may be. However, petitioner has been given liberty to defer the furnishing of surety bond due to COVID-19 but he is directed to
furnish the surety bond to the satisfaction of Chief Judicial Magistrate/Trial Court/Duty Magistrate, Amritsar, as the case may be, on culmination of
nationwide lockdown due to COVID-19.
