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AVNEESH JHINGAN
Amandeep Singh @ Ammu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Avneesh Jhingan, J. - CRM-40628-2022
1. This is an application for amendment in the Headnote and prayer clause of the petition for adding the offence under Sections 325 and 326 of Indian Penal Code, 1860 therein and the Sections 325 and 326 IPC be read as part of the headnote and prayer clause along with the offences under Sections 323, 324, 427, 148 and 149 of IPC.
For the reasons mentioned in the application, the same is allowed.
MAIN CASE
1. This petition is filed seeking regular bail in FIR No. 154, dated 27th November, 2018, under Sections 323, 324, 379, 427, 148 and 149 of Indian Penal Code, 1860, registered at Police Station Bullowal, District Hoshiarpur.
2. Learned counsel for the petitioner claims parity with co-accused Bharjinder Singh @ Pabla Saini who was granted regular bail by this court on 8th December, 2022. He submits that petitioner is in custody since 25th October, 2021.
3. The following order was passed by this Court on 8th December, 2022:-
'The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.154 dated 27.11.2018 registered under Sections 323, 324, 379, 427, 148 and 149 of the IPC of the IPC, 1860
The decision emphasized the consideration of prolonged custody and the likelihood of a delayed trial in granting bail.
The main legal point established in the judgment is the consideration of the length of custody, lack of evidence of the petitioner being a habitual offender, contradictions in the complainant's state....
The court considered the delay in lodging the FIR, the nature of the injuries, and the prolonged custody of the petitioner in granting regular bail.
Grant of bail based on the absence of recovery, the likelihood of a lengthy trial, and the lack of criminal antecedents, without expressing an opinion on the merits of the case.
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