Sumit Bajaj v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 20.02.2019 Sumit Bajaj alias Laddi ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Jasjeet Dhaliwal, Advocate, for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL) CRM-43931 of 2018 Through instant application prayer has been made for preponing the date of hearing in the main case.

This application has rendered infructuous as main case is listed today.

Dismissed as having been rendered infructuous. CRM-M-52860 of 2018 Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.0059 dated 24.07.2018 registered under Sections 392, 382, 384, 473, 506, 148, 149, 120-B IPC, Sections 18, 22, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, 1959 (Sections 212 and 216 IPC added later on) at Police Station Rajpura, District Patiala.

According to the prosecution, on 24.07.2018, Sub Inspector Balwinder Singh, CIA-2, Patiala, received secret information that 12-13 co-

-2accused of the petitioner had formed a gang and use to commit robbery of vehicles on highways and link roads at gun point. They also use to commit dacoities and fix forged number plates on the robbed vehicles to use the same in dacoities. They also demand ransom from the wealthy people by extending threats to them on phone. Some arm dealers were also associated with them. They supply heroin in large-scale in different cities of Punjab and have links with people of border area and outside the border area. The said gang had made secret hideouts in the States of Punjab, Haryana, Uttrakhand and Delhi. They have also committed murder of one Gagi in the area of Rampura Phool, Bathinda. If immediate raid is carried out, the aforesaid persons can be apprehended with ransom money, robbed vehicles, arms, heroin and intoxicant substance.

Thereafter, on 28.07.2018, investigating officer again received secret information that petitioner and his co-accused, namely, Aman Kumar alias Amna, Rajat Kumar alias Safi, Sukha alias Vicky, Yadwinder Singh and Karan Mangla alias Karan, having illegal arms and ammunition and intoxicant substance in huge quantity were making preparations to commit some crime and were travelling in Scorpio vehicle with forged No.PB-11-CD-1125 in the area of Ambala. On receipt of above secret information, he laid barrier and apprehended aforesaid persons. From Aman alias Amna one illicit pistol 30 bore along with four live cartridges and one revolver 32 bore along with six live cartridges and ten live cartridges were recovered. From further search of Aman alias Amna 500 gram intoxicant powder was also recovered.

From Rajat Kumar one pistol 32 bore along with five live cartridges was recovered. From Karan Mangla one .22 bore revolver along with seven live cartridges was recovered.

-3live cartridges and from Sukha 32 bore pistol along with four live cartridges were recovered.

On similar secret information received on 29.07.2018 by the investigating officer that accused Arshdeep Singh alias Bittu, Varinderpal Singh alias Beena, Palwinder Singh alias Likhari, Alam Bhathal alias Kranti and Lakhwinder Singh, armed with illicit arms, were coming to Punjab from the side of Ghula Cheeka in white Scorpio bearing registration No.CH-01BK-9384, barrier was laid and aforesaid persons were apprehended. Different types of illicit weapons were recovered from their vehicle. From accused Lakhwinder Singh one 32 bore pistol along with six live cartridges was recovered, which was taken into police possession. During interrogation, Lakhwinder Singh disclosed that the revolver recovered from him was given to him by the petitioner and he was coming to Punjab to commit crime in conspiracy with his co-accused.

Learned counsel for the petitioner inter alia contends that five coaccused of the petitioner, namely, Amritpal Singh, Lakhwinder Singh, Karan Mangla, Sukha @ Vicky and Alam Bhathal @ Kranti have been granted bail. Conclusion of trial may take a sufficient long time. Out of three cases registered against the petitioner, he has been acquitted in two cases and third case has been compromised, qua which quashing petition bearing number CRM-M-7545 of 2019 is pending before this Court. No useful purpose would be served by detaining the petitioner in jail any more. Petitioner may also be granted concession of bail on the same parity as that of his aforesaid co-accused.

On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.

Considering overall facts and circumstances, but without

-4expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail during pendency of trial, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) February 20, 2019 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No