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CRM-M-4763-2026 -1-
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CRM-M-4763-2026 -3-
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This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 7. The petitioner is alleged to have fired a shot with a country made pistol on the complainant thereby injuring him. No relevance can be given to the affidavits which are stated to have been sworn by the complainant and his father in his favour at this stage. The allegations prima facie make out a case for commission of subject offences as against the petitioner. However, he has been in custody since 29.12.2024. There are no chances of conclusion of trial in near future since none out of 22 prosecution witnesses has been examined so far. The firearm was not recovered from the petitioner but from the co- accused who is on bail.
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The object of jail is to secure the appearance of the accused during the trial and it can neither be punitive nor preventive and the deprivation of liberty has been considered as a punishment. &-, '!' ;'##"
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CRM-M-4763-2026 -4-
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