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2023 Supreme(P&H) 1671

SANDEEP MOUDGIL
Baljinder Singh alias Rock – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Chandan Singh Rana, Mr. Mohit Chaudhary AAG, Punjab

Judgment

Mr. Sandeep Moudgil, J. (Oral):- This is a petition seeking regular bail in FIR No. 32, dated 18.02.2020, under Section 307 , 323, 506, 148, 149 of IPC, 1860 and Section 25, of ARMS ACT ( Sections 54 and 59 of ARMS ACT added later on) registered at Police Station Jodhewal, Division No. 5, District Ludhiana (Annexure P-1).

2. Learned counsel for the petitioner contends that according to the medical opinion as is evident from medico legal report (Annexure P-2), there is nothing to suggest that the injuries alleged to have been attributed to the petitioner are dangerous to life and therefore, by no stretch of imagination offence under Section 307 if IPC, 1860 can be invoked qua him. He has also asserted that on the plain reading of the FIR itself, it is abundantly clear that the gun-shot alleged to have been hit on the foot of the complainant.

3. On the other hand, learned State counsel has produced custody certificate of the petitioner, which is taken on record. According to the custody certificate, the petitioner is behind the bards for the last 2 years, 3 months and 15 days.

4. Mr. Mohit Chaudhary, AAG, Punjab opposes the grant of regular bail to the petitioner on the groun

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