RAM CHAND GUPTA - (1.) THIS is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No.52 dated 16.05.2010 under Sections 307, 326, 323, 324, 452, 147, 148 read with Section 149 of Indian Penal Code, registered at Police Station Model Town, Hoshiarpur.
(2.) I have heard learned counsel for the parties and gone through the record. It has been argued by learned counsel for the petitioner that petitioner has been continuing in custody since 5.7.2011. It has been further contended that even as per allegation in the FIR, injury attributed to him with Khanda on non-vital parts of body of complainant i.e. On right elbow and right leg and that the grievous injury is on right elbow. It has been further contended that though allegation is that he caused injuries with Khanda, however, a fire-arm recovery has also been illegally shown from him and no Khanda has been recovered.
(3.) HOWEVER, it has been stated by learned counsel for the State that the fire-arm recovered from petitioner is not connected with this case. HOWEVER, he has admitted that no Khanda has been recovered. It is further contended by learned counsel for the petitioner that trial is not likely to be concluded in near future as no witness has been examined so far.;