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2018 DIGILAW 909 (PNJ)

Ranjodh Singh @ Sunny Zhama v. State of Punjab

2018-02-20

TEJINDER SINGH DHINDSA

body2018
JUDGMENT Mr. Tejinder Singh Dhindsa, J.(Oral).:- This is the second petition preferred by petitioner under Section 439 Cr.P.C. seeking grant of regular bail in case FIR No.06 dated 17.08.2016, under Sections 307, 148, 149 of IPC and Section 25 of Arms Act, registered at Police Station State Special Operation Cell (SSOC) Amritsar, District Amritsar. 2. The date of arrest of the petitioner shown in the present case is 09.11.2016. 3. It has gone uncontroverted that it is a case of no injury. 4. State counsel would concede that no recovery of firearm has been effected from the present petitioner. 5. Prayer made in the petition is vehemently opposed by learned State counsel by contending that the petitioner is a habitual offender and is involved in a number of other FIRs. 5. Learned counsel representing the petitioner has adverted to the proceedings/zimini orders before the trial Court to contend that the accused/petitioner has not been produced before the trial Court on a number of dates by the jail authorities. 6. Till date no prosecution witness has been examined. 7. Trial is at the very initial stage. 8. Without making any observations on merits and keeping in view the length of incarceration already suffered, petitioner is held entitled to the benefit of bail. 9. Petition is allowed. Petitioner be enlarged on bail subject to satisfaction of the trial Court/Duty Magistrate, Amritsar if he is not shown to be in custody in any other matter. 10. Disposed of.