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[Cites 14, Cited by 0]

Punjab-Haryana High Court

Buta Singh vs State Of Punjab on 21 January, 2015

Author: Sabina

Bench: Sabina

                        CRM No.M- 43275 of 2014                                               1

                                IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                               CHANDIGARH



                                                               CRM No.M- 43275 of 2014
                                                               Date of decision: 21.01.2015


                        Buta Singh                                        ....Petitioner

                                                          Versus

                        State of Punjab                                   ....Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA.

                        Present:     Mr. Gautam Dutt, Advocate
                                     for the petitioner.

                                     Mr. VPS Sidhu, AAG, Punjab.

                        SABINA J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), seeking regular bail in FIR No. 122 dated 10.06.2012, under Sections 302, 307, 420, 467, 468, 471, 148, 149, 506 and 427 of Indian Penal Code, 1860 and Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Salem Tabri, District Ludhiana.

Heard.

Petitioner-Buta Singh was not named in the FIR. Supplementary statement of the complainant was recorded on 17.06.2012, wherein he named the petitioner as one of the accused. As per the prosecution case, petitioner-Buta Singh had also fired shots at the time of occurrence. However, the shot which had hit the deceased MOHD YAKUB 2015.01.21 16:44 I attest to the accuracy and authenticity of this document Chandigarh CRM No.M- 43275 of 2014 2 was not attributed to the petitioner. Petitioner was declared a proclaimed offender and was later arrested. Thus, as per the prosecution case, although petitioner had fired shots at the time of occurrence but none had suffered injury on account of the shots fired by the petitioner.

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Ludhiana.

(SABINA) JUDGE 21.01.2015 yakub MOHD YAKUB 2015.01.21 16:44 I attest to the accuracy and authenticity of this document Chandigarh