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).
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