Bikramjit Singh @ Bikka v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH -.- CRM-M-1218-2022 (O&M) Date of Decision: 18.01.2022 Bikramjit Singh @ Bikka ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. K.S.Bal, Advocate for the petitioner.

ALKA SARIN, J. (Oral) Taken up through video conferencing.

This is a petition filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.113 dated 23.06.2021 under Sections 307, 353, 186 read with Section 34 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 registered at Police Station Majitha, District Amritsar Rural. Learned counsel for the petitioner would contend that this is a no injury case and though the allegations against the petitioner are that he had fired at the Police party, however, no injury is reported to have been received by any person.

Notice of motion.

On the asking of the Court, Mr. H.S. Multani, AAG Punjab accepts notice on behalf of the respondent-State. He states that the petitioner has been in custody since 23.06.2021. It is further contended that the petitioner had fired at the Police party, however, he is not in a position to deny that no injuries were received by anyone in the incident. TRIPTI SAINI 2022.01.19 10:47 I attest to the accuracy and integrity of this document

CRM-M-1218-2022 (O&M) -2Heard.

Without commenting upon the merits of the case and keeping in view the custody period of the petitioner and also the fact that no injuries were caused to anyone as well as the fact that conclusion of the trial is likely to take some time especially in view of the current situation created by the third wave of COVID-19 Pandemic, I deem it to be fit case to grant the concession of regular bail to the petitioner. The petitioner is directed to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate/Trial Court concerned. However, the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.

It is also made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case. Disposed off.

January 18, 2022 ( ALKA SARIN ) tripti JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO TRIPTI SAINI 2022.01.19 10:47 I attest to the accuracy and integrity of this document