BAKSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner, vide FIR No. 32 dated 23.03.2010 under Section 307/148/149 IPC and Section 25/27/54/59 of Arms Act, at police station Mallanwala now at Sadar Ferozepur.

(2.) Learned counsel for the petitioner submits that on account of occurrence which took place on 23.03.2010, the case was registered against the petitioner. It is a case of version and cross-version. The allegation against the petitioner was that he had fired a shot which hit on the back side of Paramjit Kaur. However, no recovery of gun has been effected from the petitioner. As per the prosecution version, the petitioner was armed with a gun and gave the gun blows. The petitioner is in custody since 07.02.2012. Challan against the petitioner and others u/s 307 IPC has been presented and against the other party, challan under Section 326 IPC has been presented.

(3.) Learned State counsel, on instructions from ASI Major Singh has informed the Court that the next date of hearing for recording of evidence is 19.09.2012. However, on 01.10.2012, the Court was informed that no witness could not be examined on 19.09.2012. After framing of the charge, the trial Court would take some time to conclude. It is a case of version and cross version and both the sides had received injuries. Thus no useful purpose would be served by detaining him during the pendency of trial.