LAWS(P&H)-1987-9-81

JAGGAR SINGH Vs. STATE OF PUNJAB

Decided On September 25, 1987
JAGGAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE petitioners are said to be the occupants of a jeep driven by Krishan Lal and some arms are said to have been recovered when the jeep was stopped by signal of the patrol party and as soon as the Jeep stopped, the occupants of the jeep came out and started raising alleged slogans on the face of the patrol party. Krishan Lal who was driving the jeep has not only been released on bail but his discharge from the case was sought by the prosecuting agency itself and the trial Court has accepted the request in discharging him from the case. With the report of getting discharged Krishan Lal the facts of the present case have to be determined in the trial and till the determination of the same, the petitioners cannot be detained in custody. In any case, merely because some persons are found armed with no further evidence will not prima facie attract the provisions of Sections 399 & 402 of the Indian Penal Code. The petitioners, are therefore, allowed bail to the satisfaction of the Chief Judicial Magistrate, Faridkot.