IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25391 of 2011 Date of Decision 08.11.2011 Avtar Singh alias Tofi --Petitioner Vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.RVS Chug,Advocate,for the petitioner Mr. A.S.Rai, DAG, Punjab RAKESH KUMAR JAIN,J: (Oral) This is a petition for bail pending trial in a case registered vide FIR No.28 dated 16.04.2011 under Sections 397,120-B of the IPC and Sections 25,27,54, 59 Arms Act, at Police Station Kot Dharmu, District Mansa. Learned counsel for the petitioner submits that the petitioner is not named in the FIR nor any recovery has been effected from him. He further submits that he was alleged to be involved in FIR No.18 dated 16.3.2010,registered under Sections 307,148,149 of the IPC and Section 25,27 and 59 of the Arms Act at Police Station Sherpur, District Sangrur but in that case he has already been acquitted. He further submits that he is in custody since 31.5.2011 and the challan has already been presented. Hence, according to the learned counsel, he is neither a previous convict nor any other case is pending against him. CRM-M-25391 of 2011 -2- Learned counsel for the respondent submits that a sum of Rs. 50,000/-,32 bore gun and 315 bore rifle were recovered from the fields of the petitioner. In this regard, it is submitted by the learned counsel for the petitioner that he has no control over his fields for the purpose of restraining any person from concealing the aforesaid things as the field is not a closed place which can be kept under the lock and key. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observations on the merits of the case, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of learned trial Court. 08.11.2011 (RAKESH KUMAR JAIN) rr JUDGE