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2019 DIGILAW 1084 (PNJ)

Satnam Singh Alias Nishan Singh v. State Of Punjab

2019-04-04

SHEKHER DHAWAN

body2019
JUDGMENT Shekher Dhawan, J. - Present petition under Section 439 of the Criminal Procedure Code is for grant of regular bail to petitioner Satnam Singh alias Nishan Singh son of Gurdeep Singh, in case F.I.R. No.144 dated 21.10.2018 under Section 21/22 of the N.D.P.S. Act, 1985 and Section 25 of the Arms Act, 1959, registered at Police Station Kot Isse Khan, District Moga. 2. Learned counsel representing the petitioner contended that as per prosecution case, two live cartridges were recovered from the possession of the petitioner and he has been falsely implicated for that purpose. The petitioner is in custody since 22.10.2018 and trial of the case still to take some more time, no useful purpose would be served by detaining the petitioner behind the bar, so he be released on bail. 3. Learned State counsel conceded that recovery of eight grams heroin and 250 grams of powder (Alprazolam) alongwith was effected and that was from the personal search of co-accused Malkit Kaur alias Keepo, but not from the possession of the present petitioner. However, two live cartridges and .32 bore pistol were recovered from the possession of the petitioner. 4. At this stage, without commenting anything on the merits of the case, which may not cause prejudice to any of the party, taking into consideration the submissions made by counsel for both the parties and the fact that the petitioner is in custody since 22.10.2018 and that allegations against him are regarding recovery of two live cartridge and .32 bore pistol; trial of the case still to take some more time and no useful purpose would be served by detaining the petitioner behind the bar any more, the present petition is allowed. Petitioner-Satnam Singh alias Nishan Singh son of Gurdeep Singh is ordered to be admitted to regular bail on his furnishing adequate bail bond and surety bond to the satisfaction of concerned learned trial Judge/ Chief Judicial Magistrate/ Duty Magistrate.