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2018 DIGILAW 3295 (PNJ)

Sandeep Kumar alias Lusi v. State of Punjab

2018-08-07

ANMOL RATTAN SINGH

body2018
JUDGMENT Mr. Anmol Rattan Singh, J. (Oral) - This is the second petition filed by the petitioner, seeking bail in terms of Section 439 of the Cr.P.C., he having been arraigned as an accused in the FIR in question, for the alleged commission of offences punishable under Sections 307, 323, 324, 34 of the IPC and Sections 25, 27, 54, 59 of the Arms Act. 2. Earlier, the petitioner had filed CRM-M-43642 of 2017 seeking the concession of bail, wherein this Court had passed the following order on 17.04.2018: “Out of the six cases seen to be registered against the petitioner, he having been acquitted only in one as per learned counsel for the petitioner (in response to the query made by this Court on the last date of hearing), I see no reason to entertain this petition. Consequently, the petition is dismissed. The petitioner already having been in custody for about 3 years, the trial Court shall endeavour to conclude the trial expeditiously.” 3. Today, on query to learned State counsel, she on instructions from SI Karanjeet Singh, submits that out of 13 prosecution witnesses 4 have been examined with 9 prosecution witnesses still remaining to be examined. On further query she does not deny, as has been submitted by learned counsel for the petitioner, that the complainant has testified in favour of the petitioner. 4. The petitioner is also admitted to have remained in custody for the past 3 years 3 months and 19 days, as per the custody certificate filed in Court today by learned State counsel. 5. That being so, with the trial obviously not proceeding at any quick pace despite the direction given on 17.04.2018 by this Court, without making any comment whatsoever on the merits of the case for or against the petitioner, which would naturally be adjudicated upon by the trial Court in its own wisdom, as per the evidence led, this petition is allowed and the petitioner is ordered to be admitted to bail, upon his furnishing adequate bail and surety bonds to the satisfaction of the that Court. 6. Disposed of.