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2018 DIGILAW 51 (PNJ)

Gorakh Nath v. State of Punjab

2018-01-09

ARVIND SINGH SANGWAN

body2018
JUDGMENT Mr. Arvind Singh Sangwan, J.: (Oral) - The petitioner prays for grant of regular bail under Section439 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) in FIRNo.139 dated 26.08.2017, for offence punishable under Sections 307,436, 506, 427, 148, 149 of the Indian Penal Code (in short ‘IPC’), 3 and4 of the Explosive Substances Act, registered at Police Station CityMalout, District Shri Muktsar Sahib. 2. Counsel for the petitioner has submitted that the petitioneris in judicial custody since 26.08.2017 and the petitioner has alreadybeen granted the concession of regular bail in another FIR No.119 dated25.08.2017 with similar allegations. It is further submitted that there isno direct allegations against the petitioner and no recovery is to beeffected from the petitioner and more than 51 persons have beeninvolved in the present FIR. Counsel for the petitioner has alsosubmitted that co-accused of the petitioner namely Rohit has alreadybeen granted the concession of regular bail in CRM-M No.47828 of2017 vide order dated 21.12.2017. 3. Counsel for the State, on instructions from ASI GursewakSingh, has not disputed the factual assertions but opposed the prayer forbail. 4. Without commenting anything on merits of the case andconsidering the fact that the petitioner is in judicial custody since 26.08.2017; no recovery is to be effected from the petitioner and the co-accused of the petitioner has already been granted the concession of regular bail, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail/surety bonds to thesatisfaction of the trial Court/Illaqa Magistrate. However, it will beopen for the prosecution to apply for cancellation of bail, if thepetitioner is found involved misusing the concession of bail, in anymanner.