High Court of Punjab and HaryanaCRM-M/28472/2019allowed

Trilok Singh @ Laddi v. State Of Punjab

2019-07-12Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.28472 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.28472 of 2019 Decided on: 12.07.2019 Trilok Singh @ Laddi ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Jagmohan Ghumman, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.63 dated 26.06.2017, for offence punishable under Sections 25/54/59 of the Arms Act, 1959 (Sections 17, 18, 19, 20 of the Unlawful Activities (Prevention) Act, 1967) registered at Police Station Bajakhana, District Faridkot.

Counsel for the petitioner has submitted that as per the allegations in the FIR, the petitioner along with the co-accused was found involved in unlawful activities, however, no recovery of any arm was recovered from the petitioner. It is further submitted that the coaccused of the petitioner namely Jagjit Singh, has already been granted the concession of regular bail vide order dated 10.10.2018 passed in CRM-M No.36847of 2018.

Counsel for the petitioner has further argued that the MOHD YAKUB 2019.07.12 16:21 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.28472 of 2019 petitioner is in custody since 29.01.2019 and the challan has been presented and out of 39 prosecution witnesses, no PW has been examined so far.

Counsel for the State, on instructions from ASI Malkit Singh, has not disputed the factual position but opposed the prayer for bail. Counsel for the State has also not disputed the fact that the coaccused of the petitioner has already been granted the concession of bail.

Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since 29.01.2019; challan stands presented; no witness of the prosecution has been examined so far and the conclusion of the trial will take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 12.07.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.07.12 16:21 I attest to the accuracy and authenticity of this document High Court, Chandigarh