Ajay Sharma @ Ajay Pandit v. State Of Punjab

2023:PHHC:090292 CRM-M-33128-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33128-2023 Date of Decision: 18.07.2023 Ajay Sharma @ Ajay Pandit ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Jasdeep Singh, Advocate, for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail pending trial in case FIR No.140 dated 13.07.2020 registered under Sections 307 and 34 of the Indian Penal Code, 1860, and Sections 25, 27, 54 and 59 of the Arms Act, 1959, at Police Station Division No.7, District Ludhiana. It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally false. Even as per the case of the prosecution, no injury was caused to any person in the alleged incident involved in the present case. It is further submitted that another case under Section 307 of the IPC has been fabricated by the police against the petitioner and the petitioner is already on bail in that case. The petitioner is in custody since 02.

01.2023 and that the petitioner is not required for any investigation purposes. Hence, the petitioner deserves for grant of VIRENDRA SINGH ADHIKARI 2023.07.

2023:PHHC:090292 CRM-M-33128-2023 -2concession of bail pending trial.

On the other hand, learned counsel for the respondent-State, being instructed by ASI Gurmeet Singh, has submitted that the petitioner is a habitual criminal of having as many as 11 more cases, including the another case registered under Section 307 of the IPC as well. It is further submitted that the police have recovered two unlicensed pistols on disclosure of the present petitioner. Hence, the petitioner is involved in the present case. However, it is not disputed that there is no injury caused to any person in the present case and that the petitioner is on bail in another alleged case registered under Section 307 of the IPC as well. In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 18.07.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.07.19 16:01 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh