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Kunal Mahajan v. State Of Punjab

Kunal Mahajan v. State Of Punjab

(High Court Of Punjab And Haryana)

CRM-M-27385-2022 (O&M) | 08-07-2022

HARNARESH SINGH GILL, J..

1. Through this petition, the petitioner seeks regular bail in case bearing FIR No.262 dated 31.10.2021, registered under Sections 307, 148 and 149 IPC; Sections 25 and 27 of the Arms Act and Sections 54 and 59 of the Arms Act (added later on), at Police Station Ranjit Avenue, District Amritsar.

2. Learned counsel for the petitioner submits that the petitioner has not been named in the FIR; that the petitioner has been indicted in the present on the basis of the supplementary statement of the complainant recorded on 02.11.2021, wherein he has stated that one of the unknown persons was the petitioner; that no injury has been attributed to the petitioner and that the petitioner has been in custody since 15.11.2021.

3. Per contra, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel does not dispute the custody period of the petitioner. He, however, submits that the petitioner had actively participated in the occurrence, inasmuch as, the weapon used by co-accused, namely, Sarthak along with 10 live cartridges was recovered from the petitioner. He further submits that post presentation of the challan, prosecution evidence is yet to commence.

4. I have heard the learned counsel for the parties.

5. The petitioner has been in custody since 15.11.2021. Only the weapon along with 10 live cartridges was recovered from the petitioner. No injury has been attributed to the petitioner. Prosecution evidence is yet to commence. In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.

6. In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

Advocate List
  • Mr. Umesh Aggarwal, Advocate

  • Mr. Harbir Sandhu, AAG, Punjab.

Bench
  • HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Eq Citations
  • NON REPORTABLE
  • LQ/PunjHC/2022/13772
Head Note

Criminal Procedure Code, 1973 — S. 439 — Bail — Grant of — Petitioner not named in FIR — Petitioner indicted on basis of supplementary statement of complainant recorded on 02.11.2021 — Petitioner actively participated in occurrence — Weapon used by co-accused, namely, Sarthak along with 10 live cartridges recovered from petitioner — No injury attributed to petitioner — Prosecution evidence yet to commence — Held, trial of case would take a long time to conclude — No useful purpose would be served by keeping petitioner behind bars — Bail granted (Paras 5 and 6)