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Gulzar Singh @ Kaka and Another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 28 May 2012 · Citation: (2012) 05 P&H CK 0070

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Arms Act, 1959 — Section 25, 27 · Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 148, 149, 302, 307, 323
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-10132 of 2012 (O and M)
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Judgment

13 paragraphs · 351 words

Ram Chand Gupta, J.—This is an application for regular bail filed u/s 439 of Code of Criminal Procedure in FIR No. 43 dated 31.01.2011, under Sections 302/307/323/148/149 IPC and Sections 25/27 of Arms Act, 1959, registered at police station Samana, District Patiala. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Patiala dismissing bail application filed on behalf of the petitioners.

2.

On 23.04.2012, this Court passed the following order:

Crl.M.No.21022 of 2012

Application is allowed subject to all just exceptions.

Crl.M.No.M-10132 of 2012

Learned counsel for the petitioner requests for withdrawal of this petition filed on behalf of petitioner No. 2-Balwinder Singh.

Dismissed as withdrawn qua petitioner No. 2-Balwinder Singh.

Contends that petitioner No. 1-Gulzar Singh @ Kaka has not been named in the FIR and that his case is similar to co-accused Jaswinder Singh and Kulwinder Singh, Pardeep Kumar @ Dhanna and Kulwinder Singh, who have already been granted bail by this Court vide separate orders dated 5.1.2012 and 23.3.2012 passed in Crl.M.Nos.M-36867 of 2011 and 5318 of 2012 respectively, vide Annexures P3 and P4. Further contends that he has been continuing in custody since February 2011.

Notice of motion to Advocate General, Punjab, for 28.5.2012.

3.

It has been contended by learned counsel for petitioners that case of petitioner No. 1 is similar to co-accused Jaswinder Singh, Kulwinder Singh son of Gurbachan Singh, Pardeep Kumar @Dhanna and Kulwinder Singh son of Shamsher Singh, who have already been released on bail by this Court.

4.

This fact has not been disputed by learned counsel for the State.

5.

There are no allegations on behalf of State that petitioner No. 1 is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

6.

Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioner No. 1-Gulzar Singh @Kaka is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Patiala.