High Court of Punjab and HaryanaCRM-M/5072/2017disposed of

Amolok Singh v. State Of Punjab

2017-05-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-5072 of 2017 Date of decision : May 23, 2017 Amolak Singh ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. BS Kathuria, Advocate, for the petitioner Mr. RS Randhawa, Addl. AG, Punjab for the respondent-State Fateh Deep Singh, J. (Oral) The allegations against petitioner Amolak Singh in this regular bail application under section 439 Cr.P.C. are that on the basis of statement of co-accused Sukhdev Singh, he has been nominated as an accused and further interrogation led to recovery of one pistol and six live cartridges. The weapon is alleged to be Chinese origin.

The contentions of counsel for the petitioner are that the petitioner is behind the bars since 16.7.2016 and that the trial is not likely to be concluded in the near future and there is no evidence to show that the weapon was in working condition and that the co-accused of the petitioner has been released on bail by this Court vide orders dated 28.3.2017, though on behalf of the State the bail is opposed submitting that Chine made weapon has been recovered.

Appreciating the submissions of both the sides, the petitioner simply alleged to be found in illegal possession of a weapon and has Dalbir Singh Tiwana 2017.05.25 11:31 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-5072 of 2017 -2undergone more than 10 months incarceration and the trial is not likely to be concluded in near future and that the very legality and acceptability of statement of co-accused being a debatable issue is subject matter of trial, in view of principle of parity, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar. The present petition stands disposed off accordingly. The observations made herein above shall not be binding on the trial court at the time of trial as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) May 23, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.05.25 11:31 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.