Akashdeep Singh Alias Akash v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-3.10.2024 Akashdeep Singh @ Akash ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Nikhil Sharma, Advocate for the petitioner. Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab.

***** FIR No.

Dated Police Station Section/s 21.12.2023 Division No.2, Jalandhar, District Commissionerate Jalandhar, Punjab 25 of Arms Act GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The FIR was lodged on the basis of a secret information received by the police to the effect that the petitioner, who had come out of jail where he had been lodged in connection with a murder case, is standing near grain market, Jalandhar and was carrying weapons. Pursuant to receipt of said information, a raid was conducted at the nominated place and the petitioner was

( 2 ) apprehended and from whose possession, 2 pistols and 2 live cartridges were recovered.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by the police simply to ensure that he remains behind bars and that no weapon or ammunition was ever recovered from him on the day of alleged occurrence.

4.

On the other hand, learned State counsel submitted that since the petitioner has a chequered record and stands involved in several other cases including cases for offences under Section 307 IPC and also offences under the Arms Act, he does not deserve any leniency. Learned State counsel has however informed that the petitioner as on date has been behind bars since the last about 9 months and 8 days and that as on date only 2 PWs out of the cited 7 PWs have been examined.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the long custody of the petitioner and also the fact that the conclusion of trial is likely to consume time inasmuch as only 2 PWs out of cited 7 PWs have been examined so far, further detention of the petitioner would not serve any useful purpose.

7.

The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

( 3 ) 8.

However, in case the petitioner is found to be indulging in any other offence, it shall be open to the prosecution to move an application for cancellation of his bail.

3.10.2024 ( Gurvinder Singh Gill ) Geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No