Ramandeep Singh vs State of Punjab

Sabina, J.—This petition has been filed u/s 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 08 dated 2.2.2010, under Sections 302, 307, 148, 149 of the Indian Penal Code and Sections 25 and 27 of the Arms Act, 1959 registered at Police Station Mamdot District Ferozepur.

Learned Counsel for the Petitioner has submitted that no overt act is attributed to the Petitioner. It has been alleged that the Petitioner was sitting in the car. Now the Petitioner is in custody since 2.3.2010.

Learned State counsel, who is assisted by learned Counsel for the complainant, on the other hand, has opposed this petition.

Admittedly, in the present case, no overt act is attributed to the Petitioner. The Petitioner was allegedly sitting in a car. The shots have been allegedly fired by Kuldeep Singh. The Petitioner was not allegedly armed with any weapon nor any recovery has been effected from him during investigation.

In these circumstances, it would be just and expedient to release the Petitioner on bail. The fact that whether the Petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial.

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