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2006 DIGILAW 1418 (PNJ)

Gurmeet Singh Alias Kala v. State Of Punjab

2006-03-31

SURYA KANT

body2006
Judgment Surya Kant, J. 1. The prayer in this petition is to release the petitioner on bail in case FIR No.23 dated 20.2.2005, under section 307/353/186 IPC and 30/25/54/59 of the Arms Act, registered at Police Station Dhanaula, district Sangrur. 2. As per the allegations, the petitioner is alleged to have fired upon a police party, though no one was injured. Thereafter, raid is alleged to have been conducted at the residence of the petitioner from where a 12 bore DBBL gun along with some cartridges was recovered. 3. In support of the prayer, Learned Counsel for the petitioner submits that:- (i) the petitioner is in custody since 10th December, 2005; (ii) the investigation is complete and thereafter challan has been presented; (iii) since the prosecution case hinges on the testimony of the police personnel, there is no likelihood of the prosecution evidence being tampered with or influenced, in any manner, by the petitioner; (iv) since the prosecution intends to examine as many as 13 witnesses, conclusion of trial will take a considerably long period. 4 Learned State Counsel though has opposed the prayer, however, the aforementioned facts are not disputed. 5. Without expressing any views on the merits of the case, lest it should prejudice either of the parties, but having regard to the fact that the conclusion of trial will take a reasonably long period, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/trial court at Barnala.