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2022 DIGILAW 511 (PNJ)

Jaskaran Singh Alias Karan v. State Of Haryana

2022-03-20

AVNEESH JHINGAN

body2022
JUDGMENT Avneesh Jhingan, J. (Oral) - Petitioner is seeking regular bail in case of FIR No. 257 dated 28.10.2021, under sections 384, 386, 506, 34, 201 and 120-B IPC and Section 25 of Arms Act, registered at Police Station Garhi, District Jinda (Haryana). 2. As per the allegations of complainant- Jaswinder Singh on 19th October, 2021, received a call demanding ransom. The mobile number from which call was made was mentioned in the FIR. On 26th October, 2021, unknown persons on motorcycle with muffled faces stop the complainant and his wife and threatened them for not paying the ransom amount. Accused was allegedly carrying weapon like a pistol type. The role attributed to the petitioner is that he was having a licensed weapon which he gave to co-accused Gurwinder and it was used by co-accused for threatening the complainant. 3. Learned counsel for the petitioner submits that petitioner was not named in the FIR. It is a case of false implication. Petitioner was nominated on the basis of disclosure statement. The contention is that there is no evidentary value of the disclosure statement. It is further argued that investigation is complete, no further recovery is to be made. 4. Learned State counsel opposes the prayer and submits that the pistol was recovered at the instance of the petitioner. 5. The observations made hereinafter are only for the purpose of deciding the bail petition and shall not be construed as an opinion on merits of the case. 6. Petitioner was not named in the FIR, his name surfaced in disclosure statement. No recovery is to be made from the petitioner. It would not be out of place to mention that recovery at the instance of the petitioner was of his licensed weapon. Petitioner is in custody since 2.11.2021 though investigation is complete, conclusion of the trial is likely to take time, petitioner is granted bail subject to his furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned. 7. The petition is allowed. 8. Since the main case has been decided, the pending application, if any is rendered infructuous.