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2005 DIGILAW 855 (PNJ)

Des Raj Alias Desa v. State Of Punjab

2005-08-12

SURYA KANT

body2005
Judgment Surya Kant, J. 1. Prayer in this petition is to release the petitioner on regular bail in FIR No. 562 dated 20.11.2001, under Sections 399/402/411 and Section 25 of the Arms Act, registered at PS Sadar, Ludhiana. 2. In support of the aforesaid prayer, learned counsel for the petitioner states that (i) the petitioner is in custody since 29.11.2004, (ii) his other co-accused have already been acquitted by the learned Additional Sessions Judge (Adhoc) Ludhiana vide judgment dated 2.3.2004; (iii) petitioner, however, was declared P.O., but later on he surrendered himself; and (iv) prosecution intends to examine as many as 13 witnesses, therefore, conclusion of trial is likely to take a long period. 3. Learned State counsel, vehemently opposes the prayer in this petition on the ground that the petitioner had earlier misused the process of law; he was declared P.O., and therefore, he does not deserve the concession of bail. He, however, fairly concedes that no other such is registered against the petitioner. 4. Having regard to the fact that the petitioner himself surrendered before the Court and is in custody for the last more than 8 months and conclusion of trial will take a considerably long period, but without expressing any opinion on the merits of the case, petitioner is directed to be released on bail to the satisfaction of CJM, Ludhiana. Disposed of.