Saleem Sher Ali v. State Of Punjab



  


      


   

   !"!#!$!!

!
!# !  %  &&&&&


   


   #'( #()*  

 

 

 
  


! +", -
" .!#!$!

  


Advocate, for the petitioner Mr. Kunal Muthreja, AAG, Punjab  " .!#!$! / !,0


       

  

! " #



   This is second petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.76 dated 6.10.2022 under Sections 365 and 458 IPC (Charges framed under Sections 365, 368, 182, 211, 195 and 120-B IPC vide order dated 5.12.2022), registered at Police Station Chamkaur Sahib, District Rupnagar.

2.

The FIR was lodged on the statement of one Billa alleging that her husband Babu Khan abducted minor daughter of her brother Alam Ali. The present petitioner, who is nephew of Billa, has been charged for the alleged offences on the statement of Alam Ali, father of the minor girl, who statedly was abducted.

3.

Learned counsel for the petitioner by referring to testimony of ASHWANI KUMAR 2023.08.01 18:47 I attest to the accuracy and integrity of this document



  


     


  Alam Ali/PW-1 dated 16.2.2023 contends that he has not supported the prosecution version. He has testified that he never recorded any statement to the police regarding involvement of Billa, Sharif Ali and Salim Ali/ petitioner, who are his relatives, nor did they commit any offence. They have been implicated in the case by the police after obtaining his signatures on blank papers. It is further submitted that under similar circumstances, co-accused Saif Ali alias Sharif Ali has been granted prearrest bail by this Court, vide order dated 29.3.2023. 4.

Learned State counsel, on instructions does not dispute the facts aforestated. He, however, submits that investigation of the case is already over, and the prosecution witnesses are being examined. The petitioner is in custody since 16.3.2023 5.

Submissions made by learned counsel for the parties have been considered. The complicity of the petitioner in the case is a matter of trial which will take some time to conclude. He is in custody for more than four months; and nothing is to be recovered from him, nor there is any apprehension of his threatening the witnesses or influencing the trial. Therefore, no useful purpose will be served by keeping the petitioner in custody any longer.

6.

Accordingly, the petition is allowed. The petitioner is ordered to be released on bail to the satisfaction of the trial Court/Duty Magistrate concerned.

/" .!#!$!0

#    Aw

 #$%  &%'

 ( &%' ASHWANI KUMAR 2023.08.01 18:47 I attest to the accuracy and integrity of this document