Manpreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through Video-conferencing) Date of Decision: 04.08.2021 Manpreet Singh ......Petitioner Vs State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Jagdish Singh Mahal, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl., A.G., Punjab.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.13 dated 26.11.2020 registered under Section 25 of the Arms Act and Section 120-B IPC (Section 25-A of the Arms Act added later on) at Police Station State Special Operation Cell, Amritsar.

Earlier CRM-M No.5910 of 2021 was got dismissed as withdrawn vide order dated 15.02.2021.

According to the allegations, FIR was registered on the basis of secret information to the effect that Komalpreet Singh

 and the petitioner have formed a gang and are going to commit some illegal activity. It has been alleged that Komalpreet Singh is coming near to School in Amritsar in order to supply some arms to some unknown persons. The police arrested the petitioner and recovered 3 pistols, 3 empty magazines and 9 live cartridges from the petitioner.

Komalpreet Singh has been granted interim anticipatory bail vide order dated 26.03.2021 passed in CRM-M No.14105 of 2021. Petitioner is in custody since 26.11.2020. Learned counsel for the petitioner submits that offence is triable by the Magistrate and the petitioner has no past history of his involvement in any other case what to talk of formation of a gang.

Learned State counsel on instructions from Investigating Officer submits that the petitioner is not involved in any other case, however, he opposed the bail on the ground that 3 pistols, 3 empty magazines and 9 live cartridges were recovered from him in the present case. Challan has already been presented, but charges have not been framed so far. Keeping in view the custody of the petitioner since 26.11.2020 and offence being triable by the Magistrate, I deem it appropriate to enlarge the petitioner on regular bail without

 meaning anything on merits of the case.

In view of above, petition is allowed. Petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate.

Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case. (RAJ MOHAN SINGH) 04.08.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No