IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.18711-M of 2010 Date of Decision:1.11.2010 Nirmal Singh @ Nimma .... Petitioner Versus State of Punjab .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. B.S. Bajwa, Advocate for the petitioner. Mr. Kirat Singh Sidhu, D.A.G. Punjab. **** 1.Whether Reporters of Local Newspapers 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? NIRMALJIT KAUR, J.(Oral) The present petitioner is seeking regular bail in case FIR No.79 dated 19.3.2010 registered under Sections 17/18/20 of Unlawful Activities (Prevention) Act, 1967, under Section 25/54/59 of Arms Act and 120-B IPC at Police Station Zirakpur, District SAS Nagar, Mohali. It is contended that there is absolutely no evidence against the present petitioner. He is not even named in the FIR. On 12.10.2010, learned counsel appearing on behalf of the State on instructions from ASI Anoop Singh stated that five other FIRs have been registered against the present petitioner. Accordingly, the State was directed to file affidavit in this regard. In pursuance to the same, affidavit has been filed stating that the petitioner was enropped in 5 FIRs of the year 1987,1988 and 1991. Learned counsel for the parties have been heard. It is not disputed that the petitioner has been acquitted in all the said FIRs as mentioned in the affidavit. The said FIRs relate to the year Crl. M. No.18711-M of 2010 -2- 1987 to 1991. The petitioner thereafter left India and went abroad and presently he is stated to have returned to attend the marriage of his sister-in- law. The petitioner is not named in the FIR. It is an admitted fact that the basis of his arrest is the statement of one Avtar Singh made on 1.5.2010. In pursuance to the said statement, the petitioner was arrested on 2.5.2010. Upon search, no recovery was effected from him. He is in custody ever since. Whereas, the said Avtar Singh has already been discharged. The contention of the learned State counsel on instructions from ASI Anoop Singh is that his name finds figure in the statement of one Gurmeet Singh before whom a disclosure statement was made by one Daljeet Singh. However, the said statement is stated to have been made on 27.7.2010 whereas the petitioner was arrested on 2.5.2010 i.e. not on the basis of the statement of Daljeet Singh or Gurmeet Singh but on the statement made on 1.5.2010 by Avtar Singh, who has since been discharged. In view of the above facts but without construing the above observation on merits, the petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Mohali. 01.11.2010 ( NIRMALJIT KAUR ) rajeev JUDGE