Pritam Singh and anr. vs State of Punjab

Harbans Singh Rai, J.

The allegations against the petitioner are that on 27.5 1981, they, were arrested from the house of Kulwant Singh son of Didar Singh and certain arms were recovered from them. The allegation further is that they raised certain slogans at the time of their arrest.

The learned counsel for the petitioners have filed a copy of resolution Annexure P2, passed by the Gram Panchayat of Bolewal at Bai gobindpur in its meeting, stating that Pritam Singh petitioner was arrested from the village. on 11.5.1987. Annexure P3, a copy of another resolution passed by the Panchayat of Talwandi Bhinjra has been filed, showing that Satnam Singh was arrested from his house at village Cheema. Annexure P4 is a copy of another resolution passed by Gram Panchayat Langeanwali, stating that Mangal Singh was arrested from the village, on 13.5.1987. Annexure P5 is a copy of the certificate issued by the Manager, Sri Darbar Sahib, Sri Amritsar countersigned by the Head Jathedar, Gurdwara Shahid Ganj Sahib Baba Deep Singh Shahid, Amritsar stating therein that Shri Dilbagh Singh Granthi was arrested from near the Gurdwara on 3.5.1987. The learned counsel for the petitioners has argued that even if the facts stated in the First Information Report are t4en on their face value, no offence under sections 3/4 of the Terrorist & Disruptive Activities Prevention Act, 1985 is made out, as Were is no allegation of using an arm and the petitioners bad surrendered to the police party without any resistance with their weapons.

The petitioners are in custody since 22.5.1987 and taking an over all view of the matter, I feel it is a fit case, where they may be released on bail. It is therefore, ordered that the petitioners be released on bail on their furnishing sureties to the satisfaction of the Chief Judicial Magistrate Gurdaspur.

JUDGMENT accrodingly.