GAGANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BOTH the petitions are under Section 439 Cr.P.C praying for grant of regular bail to the petitioners in case FIR no. 167 dated 29.8.2012 registered under Sections 392, 34 IPC and Sections 25, 27, 54, 59 of Arms Act at Police Station Division ­ 5, Civil Line, District Ludhiana City. The petitioner in Crl.Misc.No. 852 of 2013 is alleged to have stolen a car belonging to the complainant when the same was parked outside Ansal Plaza and when the complainant came out he was accosted by the petitioner and his co- accused and under the threat of shooting the complainant the car was taken away. The car was recovered on the next day from another District resulting in lodging of second FIR. Learned counsel for the petitioner contends that in the connected case and connected case regarding recovery of car from another district he has been released on bail. He further contends that he is in custody since 30.8.2012 and that now challan has been submitted and no recovery is to be effected. Prayer has been opposed by the learned State counsel who has contended that there are as many as three FIRs of the like nature against the petitioner. Another FIR no. 114 dated 19.8.2012 has been referred to by the learned State counsel in order to oppose the prayer for bail made by the petitioner.

(2.) SIMILARLY the bail of the co-accused namely Gurvinder Singh @ Garry who is petitioner in Crl.Misc.No.M-5597 of 2013 has been opposed. It has been stated that he is involved in another case under NDPS Act and it is during the interrogation of the said case that he made a disclosure statement regarding his involvement in FIR no. 167 dated 29.8.2012 and FIR no.101 dated 30.8.2012.

(3.) AFTER hearing learned counsel for the petitioners and noticing the fact that the petitioners in both the petitions are in custody since 30.8.2012 and that the challan has been submitted and that no recovery is to be effected from them and without commenting upon the merits of the case, instant petitions are accepted and it is directed that the petitioners shall be released on bail in terms of Section 439 Cr.P.C. Bail to the satisfaction of learned Trial Court.