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Judgment
14 paragraphs · 276 wordsManjari Nehru Kaul, J
Instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 161, dated 09.08.2017, under
Sections 420, 406 IPC, registered at Police Station City Moga, District Moga.
Learned counsel for the petitioner submits that the petitioner, who has been in custody since 02nd December, 2019, has been implicated in the case in
hand on the basis of fabricated allegations. He has further submitted that till date only charges have been framed and the case, which is triable by a
Magistrate is unlikely to conclude in the near future. Hence, the petitoner may be extended the concession of regular bail.
Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI
Malkit Singh, has apprised the Court that as many as 16 prosecution witnesses have been cited in the challan presented before the trial Court. The
prosecution evidence is likely to commence on the next date of hearing before the trial Court i.e. on 18.01.2021.
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 petitioner, 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 petitioner is 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.
