Inderpal Singh through Narinderjeet Kaur v. State of U. T. , Chandigarh
2021-12-07
AVNEESH JHINGAN
body2021
DigiLaw.ai
Judgment Mr. Avneesh Jhingan, J. This petition has been filed under Section 439 of Cr.P.C. forgrant of regular bail in case FIR No.180, dated 25.10.2020 registeredunder Section 307 of IPC read with Section 25/27 of Arms Act, 1959 atPolice Station Sector 17, Chandigarh. 2. FIR was registered on the statement of Amrik Singh alleging that on 25.10.2020, the complainant was shot at by an unknown youngster. Complainant sustained injury on the right buttock. 3. Counsel for the petitioner submits that it is a case of a false implication. There is a background for naming the petitioner in the FIR. The petitioner was interested to marry the daughter of the complainant, however, on refusal of the complainant, he never insisted for. He further submits that the complainant has not substantially supported the case of the prosecution in his deposition before the Court. He further submits that the petitioner is in custody since 22.01.2021, investigation is complete. The petitioner was granted regular bail in other FIR registered (at Patiala) with the similar allegation. He further submits that even as per the case of the prosecution, petitioner was not present at the spot at the time of the alleged firing. 4. Learned counsel for the U.T., Chandigarh, opposes the grant of bail. However, on instructions, he fairly submits that the investigation is complete, no recovery is to be made. 5. Without commenting upon the merits of the case, considering the custody period, the contention that the petitioner was not present at the spot at the time of firing and the fact that the complainant has been examined and conclusion of the trial is likely to take time. The petitioner is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. 6. The petition is allowed. 7. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.