HARJINDER SINGH ALIAS JINDER Vs. STATE OF PUNJAB
LAWS(P&H)-2013-3-57
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 11,2013

Harjinder Singh Alias Jinder Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

SABINA,J. - (1.)VIDE this order, above mentioned two petitions would be disposed of as the petitioners have sought regular bail under Section 439 of the Code of Criminal Procedure, 1973 in FIR No. 42/2012 dated 20.5.2012 under Section 121, 121-A, 120-B, 124-A, 153-A, 153-B of the Indian Penal Code ('IPC' for short), Section 25 of the Arms Act, 1959, Section 3, 4 and 5 of Explosive Substances Act, 1908, Section 17, 18, 20 of Unlawful Activities (Prevention) Act, 1967 and Section 5, 16-B of Explosive Act, 1884, registered at Police Station Sadar Banga, District Shaheed Bhagat Singh Nagar (Nawanshahr).
(2.)LEARNED senior counsel for the petitioners has submitted that petitioner Harjinder Singh alias Jinder is in custody since 3.7.2012 whereas petitioner Jagdish Singh alias Disha is in custody since 23.5.2012. Learned senior counsel has further submitted that no overt act was attributed to the petitioners nor any recovery of any arms or ammunition was effected from the petitioners. The case was registered on the basis of secret information. Now the case is fixed before the Trial Court for prosecution evidence and the petitioners are not required for further investigation. Petitioner Harjinder Singh alias Jinder has since been acquitted in the other criminal cases lodged against him whereas petitioner Jagdish Singh alias Disha has been acquitted in one criminal case lodged against him and in the other criminal case under Section 326 IPC, the said petitioner is on bail.
Learned State counsel, on the other hand, has opposed the petition. Keeping in view the fact that petitioners are in custody since long and now the case is pending before the Trial Court for prosecution evidence and no recovery of arms and ammunition was effected from the petitioners, it would be just and expedient to order the release of the petitioners on bail.

(3.)ACCORDINGLY , without expressing any opinion on the merits of the case, both the petitions are allowed. Petitioners be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar (Nawanshahr).


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.