IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CRM No. M-33699 of 2010 Date of decision: 15.3.2011 Sukhwinder Singh alias Soni …. Petitioner Versus State of Punjab …. Respondent 2. CRM No. M-35176 of 2010 Sandeep Kumar alias Toshi & another …. Petitioners Versus State of Punjab …. Respondent 3. CRM No. M-38400 of 2010 Lokesh Puri …. Petitioner Versus State of Punjab …. Respondent Present: Mr. D.B. Singh, Advocate for the petitioners in CRM No. M-33699 of 2010 & CRM No. M-35176 of 2010. Mr. Hemender Goswami, Advocate for the petitioner in CRM No. M-38400 of 2010. Mr. T.S. Salana, DAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. This order will dispose of CRM No. M-33699 of 2010 filed by Sukhwinder Singh alias Soni, CRM No. M-35176 of 2010 CRM No. M-33699 of 2010 & [2] CRM No. M-35176 of 2010 & CRM No. M-38400 of 2010 filed by Sandeep Kumar alias Toshi and Deepak Sandhu alias Deepu and CRM No. M-38400 of 2010 filed by Lokesh Puri as these arise out of the same FIR. The petitioners in the respective petitions seek regular bail in case FIR No.29 dated 4.10.2010 registered at Police Station Satnampura, District Kapurthala for the offences under Sections 399 and 402 IPC; besides, Section 25 of the Arms Act and Section 21 of the NDPS Act. The FIR in the case has been registered on the basis of a secret information received by Shiv Kamal Singh, SI/SHO Police Station Satnampura on 4.10.2010 at 4.25 p.m. According to Shiv Kamal Singh, SI/SHO Police Station Satnampura on 4.10.2010, he along with other police officials were in a Government vehicle bearing registration No.PB-09J- 9774. They were patrolling the area and checking suspicious persons. At that time, one special informer gave information that Deepak Sandhu alias Deepu (petitioner No.2 in CRM No. M-35176 of 2010), Sandeep Kumar alias Toshi (petitioner No.1 in CRM No. M-35176 of 2010), Sukhwinder Singh alias Soni (petitioner in CRM No. M-33699 of 2010), Lokesh Puri (petitioner in CRM No. M-38400 of 2010) and Raman alias Gorha (non-petitioner) had come in a silver colour ‘Alto’ car bearing No.PB-1-CV-3205. They were sitting in a cluster of ‘Eucalyptus’ trees near New Abadi, Narang Shahpur and they had deadly weapons, illegal ammunitions and narcotic substances. They were preparing to commit dacoity and if a raid was conducted immediately, they could be apprehended along with illegal arms and narcotic substances. The information was found credible on the basis of which the offences were made out. The information was sent in CRM No. M-33699 of 2010 & [3] CRM No. M-35176 of 2010 & CRM No. M-38400 of 2010 writing (ruqqa) to the Police Station through HC Manjit Singh for registration of a case (FIR) against the said accused. The number of the case was asked to be intimated after registration. Special reports were also asked to be issued. Information was also asked to be given to the Control Room on wireless. SI/SHO Shiv Kamal Singh along with his colleagues had gone at the spot for arresting the accused and making recovery. In consequences of the raid that was conducted, a knife was recovered from Sukhwinder Singh alias Soni (petitioner in CRM No. M-33699 of 2010), one country made revolver along with three live cartridges were recovered from Sandeep Kumar alias Toshi (petitioner No.1 in CRM No. M-35176 of 2010) and one country made revolver, five live cartridges along with 5 gms of cocaine were recovered from Deepak Sandhu alias Deepu (petitioner No.2 in CRM No. M-35176 of 2010) as also 8 gms of smack was recovered from Lokesh Puri (petitioner in CRM No. M- 38400 of 2010). It may be noticed that the petitioners in the respective petitions were arrested on 4.10.2010 and since then they are in custody. The recovery of the weapons has been effected. There is no other case pending against them. The recovery of narcotic substances i.e. 5 gms of cocaine from Deepak Sandhu alias Deepu (petitioner in CRM No. M-35176 of 2010) and 8 gms of smack from Lokesh Puri (petitioner in CRM No. M-38400 of 2010) are of non-commercial quantity. The trial in the case is likely to take time. The charges have been framed in the case on 3.2.2011. However, no witness has been examined till date. The prosecution is to examine 12 witnesses. CRM No. M-33699 of 2010 & [4] CRM No. M-35176 of 2010 & CRM No. M-38400 of 2010 In the facts and circumstances, the Crl. Misc. petitions are allowed and the petitioners i.e. Sandeep Kumar @ Toshi and Deepak Sandhu alias Deepu (petitioners No.1 & 2 in CRM No. M-35176 of 2010), Sukhwinder Singh alias Soni (petitioner in CRM No. M-33699 of 2010) and Lokesh Puri (petitioner in CRM No. M-38400 of 2010) on their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Kapurthala shall be admitted to bail. (S.S. SARON) March 15, 2011 JUDGE amit