Crl. Misc. No. M-33280 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33280 of 2009 DATE OF DECISION: February 04, 2010 Kuljit Singh @ Deepa .........PETITIONER(S) VERSUS State of Punjab ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. D.S. Gurna, Advocate, for the petitioner. Mr. G.G. Dhuriwala, AAG, Punjab. AJAI LAMBA, J. (ORAL) This petition under Section 439 Cr.P.C. for bail in case FIR No. 45 dated 22.07.2009 under Sections 382/451 IPC and Section 25 of the Arms Act subsequently challaned under Section 395/458/120-B IPC and Section 25 of the Arms Act, P.S. Sadiq, District Faridkot. Learned counsel for the petitioner contends that the petitioner has been working as a mechanic and has been falsely implicated. Only part description of the accused has been given in the FIR. The petitioner was not subjected to test identification parade. Learned counsel further states that an extra judicial confession is being used, however, the same would not have any evidentiary value in so much as neither the dress that was allegedly worn by the petitioner nor the gun has been recovered from the Crl. Misc. No. M-33280 of 2009 2 petitioner. Under the circumstances, there is no material that can be translated into legal evidence that is available on record so as to connect the petitioner with the offence. Learned counsel for the respondent-State, on instructions from Head Constable Jarnail Singh, states that indeed test identification parade was not conducted. There is an extra judicial confession, however, leading to no recovery from the petitioner. Learned counsel further states that as per the prosecution case, even the gun was recovered from another person (co- accused). Considering the above circumstances and also the fact that the petitioner has been in custody since 01.09.2009 and investigation has been concluded and challan filed, this petition is allowed. Bail to the satisfaction of CJM, Faridkot. 04.02.2010 (AJAI LAMBA) shivani JUDGE