High Court of Punjab and HaryanaCRM-M/8577/2021allowed

Jagdeep Singh @ Nikka v. State Of Punjab

2021-03-02Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-8577-2021 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (Through video conferencing) CRM-M-8577-2021 (O&M) Date of decision: 02.03.2021 Jagdeep Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present:- Mr. K.S. Sidhu, Senior Advocate, for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. J.S. Bhandohal, Advocate, for the complainant.

**** MANJARI NEHRU KAUL , J.

(ORAL) Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.66 dated 25.06.2020 registered under Sections 302, 307, 325, 506, 323, 148, 149 and 120-B of Indian Penal Code, 1860 and Sections 25/27/29/54/59 of Arms Act at Police Station Mulepur, Tehsil and District Fatehgarh Sahib. Learned counsel for the petitioner submits that the petitioner has been in custody since 27.06.2020 and only final report under Section 173 Cr.P.C. has been presented till now. Hence, there is no likelihood of the trial concluding in the near future.

GEETA RANI 2021.03.03 15:35 I attest to the accuracy and integrity of this document

CRM-M-8577-2021 (O&M) -2Learned counsel while inviting the attention of the Court to the contents of the FIR has submitted that no injury has been attributed to him. In fact it was only in the statement of the witnesses recorded under Section 161 Cr.P.C., a role was assigned to him in the alleged crime of inflicting an injury on one of the eye witnesses with a danda. Per contra learned State counsel while opposing the prayer and submissions made by learned Senior counsel for the petitioner has not been able to controvert the factual submissions made by learned Senior counsel qua the role of the petitioner in the alleged crime and has conceded that the petitioner has not been attributed any injury on the person of the deceased.

Heard.

Keeping in view the fact that the petitioner has been in custody since 27.06.2020 and due to the outbreak of the pandemic Covid-19, the trial is unlikely to conclude in the near future, I deem it a fit case to grant the concession of bail to the petitioner. Therefore, without expressing anything on the merits of the case, the instant petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the trial Court/Duty Magistrate concerned.

(MANJARI NEHRU KAUL) JUDGE 02.03.2021 geeta Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No GEETA RANI 2021.03.03 15:35 I attest to the accuracy and integrity of this document