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Judgment
18 paragraphs · 307 wordsHari Pal Verma, J
The petitioner has filed present petition under Section 439 Cr.P.C. seeking regular bail in FIR No.165 dated 13.08.2004 under Sections 326 and 324
read with Section 34 IPC (during investigation, offence under Sections 323 and 336 IPC and Sections 25 and 27 of the Arms Act, 1959 were deleted)
registered at Police Station City Mansa, District Mansa.
Learned counsel for the petitioner submits that apart from the fact that the matter has been compromised between the parties, other co-accused have
faced trial and have been acquitted by the trial Court vide judgment dated 07.12.2012 (Annexure P-3). However, the petitioner could not face the trial
as he was declared proclaimed offender.
She has further argued that the petitioner has surrendered before the trial Court on 17.10.2020 and since then, he is in custody. Though the matter has
been compromised between the parties, but the petitioner is ready to face the trial.
Learned State counsel does not dispute the fact that the other co-accused have already been acquitted by the trial Court.
I have heard learned counsel for the parties.
Considering the fact that the other co-accused have already been acquitted by the trial Court on 07.12.2012 and the petitioner is in custody since
17.10.2020 coupled with the fact that the petitioner has shown his inclination to face the trial, this Court finds that no useful purpose would be served
by detaining the petitioner in further custody.
Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds
to the satisfaction of learned trial Court.
The observations made hereinabove shall not be construed as an expression of opinion on the merits of the case and the trial Court shall decide the
case without being influenced with these observations in any manner.
