RANJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed on 12/7/2024 under Sec. 439 of Cr.P.C., 1973 for grant of regular bail. As per the judgment rendered by this Court titled 'Abhishek Jain Vs. State of U.T. Chandigarh and another' (CRM-M-31808-2024) 2024PHHC085784, the instant petition is not maintainable under Sec. 439 of Cr.P.C., 1973. However, keeping in view the entirety of facts and circumstances of the case especially that the instant petition pertains to regular bail, the instant petition is directed to be considered as a petition under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

(2.) The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-

(3.) Learned counsel for the petitioner has argued that the petitioner is in custody since 19/8/2022. Learned counsel for the petitioner has further argued that the challan qua the FIR in question was presented on 4/10/2022 whereinafter charges were framed on 9/1/2023 but no prosecution witness has been examined till date. Learned counsel for the petitioner has relied upon the zimni/interim orders passed by the trial Court on 26/10/2023, 18/3/2024, 10/5/2024 and 12/2/2024 to substantiate her argument that no prosecution witness is coming forward to have the testimony recorded and no fault can be attributed to the petitioner in this regard.