Rohit Kumar Alias Bhuchi v. State Of Punjab



  
      




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  Learned counsel for the petitioner has submitted that the petitioner is in custody from 27.03.2021, which is about 1 year and 11 months and after completion of the investigation, the final report under Section 173 of the Code of Criminal Procedure has been presented on 22.06.2021 but till date no prosecution witness has been examined. He submitted that the petitioner has

  been falsely implicated in the present case and as per the allegations, although the injuries attributable to the petitioner were grievous in nature but the petitioner has been in fact falsely implicated and the other co-accused namely Sahil Kalra @ Gaggu, who is at parity with the petitioner has been extended the benefit of bail by a co-ordinate Bench of this Court on 29.10.2021 vide Annexure P-3. He submitted that although there are three more cases against the petitioner but out of those three cases, two of them pertain to Excise Act and therefore the pendency of the other cases against the petitioner should not become a ground for denial of the bail to the petitioner particularly in view of the fact that he has already faced incarceration for about two years, i.e.

one year and eleven months and that the other co-accused who is at parity with the petitioner, has been granted bail by this Court. On the other hand, Ms. Akshita Chauhan, learned DAG, Punjab has stated that it is correct that the petitioner is in custody from 27.03.2021, which is about one year and eleven months and the other co-accused namely Sahil Kalra @ Gaggu who is at parity with the present petitioner has been granted bail by this Court. She has however opposed the grant of bail to the petitioner on the ground that the matter is serious in nature and the role attributable to the petitioner was hitting with sword and injuries were declared as grievous in nature and that the petitioner is also involved in three more cases.

I have heard the learned counsels for the parties. The petitioner has already faced incarceration for about 2 years, i.e. 1 year and 11 months and the other co-accused who is stated to be at parity

  with the petitioner, namely Sahil Kalra @ Gaggu has been extended the benefit of bail by a co-ordinate Bench of this Court vide Annexure P-3. As of date, no prosecution witness has been examined despite the fact that the challan was presented on 22.06.2021. Out of three cases against the petitioner, two cases pertain to Excise Act and one case pertains to 307 IPC. ,
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