BALWINDER SINGH Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) BALWINDER Singh has filed this application under section 439 Criminal Procedure Code, for grant of bail in case of F.I.R. No. 403 of 1986 under section 307 34, Indian Penal Code Sections 25, 27 of the Arms Act and Sections 3, 4 and 6 of the Terrorist and ]Disruptive Activities (Prevention) Act, 1985 (hereinafter referred to as the law.

(2.) THE allegations against the petitioner are that on 8th September, 1996, at about 10.45 a.m., Constable Subhash Chander and Driver Sikater Singh Constable, on receipt of a wireless message went on their motor cycle to T Point of Sector 9 towards Sector 8 Chandigarh. When they were in 'Sector 9 two persons along with pistols in their hands were seen running from T point to Sector 8/9. Constable Sikater Singh stopped the motor cycle at once. Both these constables ran towards the persons who were seen running and get away by crossing the small compound wall of House NO. 74, Sector 9. Constable Sikater Singh captured one of them, those name later on came to be known as Balwinder Singh Brar. He was carrying a pistol. At this, Balwinder Singh said, Kabul, what are you seeing ? I have been caught, fire at these Salas. On this KabLi Singh fired at the Constables, but they were not hit. Kabul Singh ran away.

(3.) IT is clear from the allegations that Balvinder Singh had not used his pistol in any manner whatsoever. It was a licensed pistol. So, no offence under Sections 3, 4 and 6 of the Act has been made out.