IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-25889 of 2010 Date of Decision: 13.01.2011 Bhinder Singh .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Dr. Puneet Sekhon, Advocate for the petitioner Mr. Kirat Singh Sidhu, DAG Punjab for the respondent – State 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application under Section 439 Cr.P.C. seeking regular bail in a case FIR No. 78 dated 25.3.2010 under Sections 399, 401, 402 IPC, Section 25 of the Arms Act and Sections 15, 16, 17, 19 and 20 of Unlawful Activities Act registered at Police Station City Rajpura. Learned counsel for the petitioner has vehemently argued that no fire arm or any ammunition was recovered from the possession of the petitioner. Learned counsel for the petitioner has further argued that it is a case of no recovery and any confession made by the co-accused before the Investigating Officer is not admissible in view of Section 25 of the Evidence Act. Mr. Kirat Singh Sidhu, DAG Punjab on the instructions of HC Sarabjit Singh has stated that no weapon was recovered from the Crl. Misc. No. M-25889 of 2010 2 possession of the petitioner. Learned counsel for the respondent- State has further stated that one another case under the Arms Act is registered against the petitioner. He has further stated that petitioner's name was disclosed by the other co-accused in the statement made before the Investigating Officer. Without expressing any opinion on the merits of the case, petition is allowed. Let the petitioner be released on bail to the satisfaction of the trial Court. (ALOK SINGH) 13.01.2011 JUDGE reena