DEVINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These petitions have been filed under Sec. 439 of the Code of Criminal Procedure for grant of regular bail to the petitioners in case FIR No. 120 dtd. 1/11/2020, registered under Ss. 399 and 402 IPC, Sec. 25 of Arms Act, 1959 and Sec. 21, 25 and 29 of NDPS Act, 1985 at Police Station Bhadaur, District Barnala.

(2.) Learned counsel for the petitioners have relied upon order dtd. 29/7/2021 passed in CRM-M-22139 of 2021, CRM-M-79 of 2021, CRM-M-11276 of 2021 and CRM-M-5570 of 2021 vide which co-accused have been granted concession of regular bail as well as order dtd. 12/8/2021 passed in CRM-M-31299 of 2021 vide which co-accused Gurditta Singh has been granted regular bail, the operative part of the orders read as under :-

(3.) In reply, counsel for the State has stated that on the basis of the secret information, the FIR was registered against 06 persons and thereafter, the other persons were also nominated in the case and number of weapons and cartridges were recovered. Counsel for the State, however on the basis of the Custody Certificates, could not dispute the total custody of the petitioners as well as the fact that Shamsher Singh, Lovepreet Singh and the petitioners Balwinder Singh, Gurkirat Singh and Satwinder Singh are not involved in any other case. The recovery effected from the petitioners, as per the allegations in the FIR and the investigation, is also not disputed. It is further argued that challan stands presented, however, no prosecution witness has been examined so far.