High CourtsSingle Bench(2010) 09 P&H CK 0329

Harjinder Singh @ Billu vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 13 September 2010

HON’BLE JUDGES
Ajai Lamba, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-8156 of 2010

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Judgment

5 paragraphs · 175 words

Ajai Lamba, J.—This petition has been filed u/s 439 Cr.P.C. for grant of regular bail in case FIR No. 84 dated 29.6.2009 under Sections 121, 121-A, 123, 13, 13-A, 120-B IPC; Sections 3, 4, 5 of the Explosives Act; Sections 10, 11, 13 of Unlawful Activities Act, 1967, registered with Police Station, Raikot.

2.

Learned Counsel for the petitioner contends that entire evidence has been recorded by the Trial Court. Not a single witness has given statement against the petitioner to show that the petitioner has committed the offence as alleged.

3.

Learned Counsel for the respondent-State, on instructions from Balkar Singh, Assistant Sub Inspector, contends that all the witnesses had to be declared hostile. There is no evidence forthcoming against the petitioner. The case is now fixed for the statement of the accused u/s 313 Cr.P.C. Learned Counsel further states that no recovery has been effected from the petitioner.

4.

Considering the totality of facts and circumstances of the case, the petition is allowed.

5.

Bail to the satisfaction of Trial Court. Heavy surety.