IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH
CRM-M-_________ of 2024

Petitioner @ **KLM**
...Petitioner

Versus

State of Punjab
...Respondent
(A)
I N D E X
Sr. Court
PARTICULARS DATES PAGES
No. Fees
A. Urgent Form
25.01.2024
1. Petition U/s 439 CrPC
25.01.2024
2. Annexure P-1 (Co-accused
xx.05.2023
Order of High Court)
3 Annexure P-5 (Bail
xx.09.2023
Dismissal by Sessions)
4. Power of Attorney &
xx.12.2023
Aadhaar Card
VERNACULARS
5. FIR 03.xx.2023

Total Fee(s)

Note: 1. No such or similar bail application filed.

2. Advanced copy of petition has already been
supplied.
3. Whether any sitting/former MP/MLA involved in
this case: ---NO.
4. Affidavit not required as petitioner in custody.
5. Whether petitioner declared P.O.? ---NO.
6. Vakalatnama/Power of Attorney is being filed along
with this petition.

CHANDIGARH [ BINDU TANWAR ] [ ARUN RANA ]

DATED: 25.01.2024 ADVOCATES
ENRL. NO. P-656/2014 PH-1574/2022
NOR. PH221139
COUNSELS FOR THE PETITIONER(S)
Mob. 78886-84197 Mob. 62831-13964
Email: bindu.rana.llb@gmail.com
 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-_________ of 2024

Petitioner @ **KLM**
...Petitioner

Versus

State of Punjab
...Respondent

(B)
Process Fee

CHANDIGARH [ BINDU TANWAR ] [ ARUN RANA ]

DATED: 25.01.2024 ADVOCATES
ENRL. NO. P-656/2014 PH-1574/2022
NOR. PH221139
COUNSELS FOR THE PETITIONER(S)
Mob. No.- 78886-84197 62831-13964
Email: bindu.rana.llb@gmail.com
 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-______ of 2024

Memo of Parties

Petitioner @ **KLM** (aged approx. 32yrs) S/o Father R/o Punjab.

[ Aadhaar Card No._______________]
[ Presently Confined in Kapurthala Jail ]
[ Never Declared Proclaimed Offender ]
…..Petitioner

VERSUS

State of Punjab

…..Respondent

CHANDIGARH [ BINDU TANWAR ] [ ARUN RANA ]

DATED: 25.01.2024 ADVOCATES
ENRL. NO. P-656/2014 PH-1574/2022
NOR. PH221139
COUNSELS FOR THE PETITIONER(S)
Mob. No.- 78886-84197 62831-13964
Email: bindu.rana.llb@gmail.com
 1st petition U/s 439 Cr.P.C.

seeking grant of regular bail in

case bearing FIR No. xx dated

03.xx.2023 U/s 420, 465, 467, 468,

471, 120-B of I.P.C. and 25, 54, 59 of

Arms Act registered at Police

Station XXXXX, District Ludhiana.

RESPECTFULLY SHOWETH:

1. That on the basis of a written complaint from ASI,

along with his police personnel of Police Station Payal,

Khanna, District Ludhiana, FIR No. xx dated 03.xx.2023 was

registered at the Police Station of XXXXX, District Ludhiana,

Punjab. The true translation of the above-mentioned FIR

is being reproduced below for the kind perusal of this

Hon’ble High Court: -

a. The Inspector, Police Station, XXXXX, Jai Hind,

today, I, ASI along with ASI Davinder Singh
18/Khanna, ASI Promod Kumar 698/Khanna, CT
Yadwinder Singh 690/Khanna, CT Balkar Singh
884/Khanna riding over government vehicle Bolero
No.PB-10-GK-6173, the driver of which is CT Harvir
Singh 297/Khanna, taking along with laptop-printer, in
regard to mobile check post for checking of doubtful
persons, was present at T-Point village Jalla, then it
was around 01.00 AM, then from the side of Payal, a
car No.PB-10AU-xxxx make XXXXXX XXXXXX color
white came, which was being driven by a Sardar
youngster, whom, I, ASI signaled to stop at the check
post by torch. Then, the car driver tried to run away
with the car. On which, I, ASI, with the support of
accompanied personnel, by stopping the above
numbered car on the check post, caught the car along
with above Sardar youngster and by taking down car
driver from the car, asked about name, address, who
told his name, Co-Accused alias **YXZ** son of Father
of Co-Accused resident of village Home of Co-Accused,
District Ludhiana. Then, the search of Co-Accused alias
**YXZ** above, was brought into compliance as per
the procedure then, from the right pocket of his worn
jeans, 01 country made pistol, 0.32 bore was
recovered. Then, after checking the magazine taking
out from the pistol, from its magazine, 3 live cartridges
for 0.32 bore were recovered. On the grip of the
recovered country made pistol, strips of wooden were
attached. That the total length of the recovered
country made pistol 0.32 bore is around 17 CM, length
of grip of pistol is around 10 CM. On the right side of
recovered country made pistol MADE IN ITALY and on
the left side, P.BERETTA-GARDONE VT. CAL 7.65 MM
PAT, is embossed. The detail was prepared by
attaching empty magazine to recovered 01 country
made pistol 0.32 bore. On the detail, Co-Accused alias
**YXZ** above has put his signatures, ASI Davinder
Singh 18/Khanna and ASI Pramod Kumar 698/Khanna
has put signatures as witness. Then, by putting
recovered 01 country made pistol 0.32 bore along with
magazine and 03 live cartridges 0.32 bore into cloth
carry bag, parcel was prepared. Then, the search of car
numbered above was conducted as per the procedure.
Then, from the boot box of the car, a Pump Action Rifle
12 bore was recovered, along with which, a black color
with handle heavy bag was recovered. Then, by
opening the zip of bag with handle, was checked then,
from the bag, 11 live cartridges 12 bore and in regard
to 11 live cartridges, Co-Accused alias **YXZ** above
could not present any of his Arms License on the spot
to me. The total length of 01 Pump Action Rifle 12 bore
is around 102 CM, on the left side of which, 10F/GCF
B-2366 2010 is embossed. Then, detail was prepared
for recovered 01 Pump Action Rifle 12 bore, on the
detail, Co-Accused alias **YXZ** above has put his
signatures in English, ASI Davinder Singh 18/Khanna
and ASI Pramod Kumar 698/Khanna, has put
signatures as witnesses. Then, by putting recovered 01
Pump Action Rifle 12 bore and 11 live cartridges for 12
bore into a cloth carry bag, parcel was prepared. Then,
a separate parcel was prepared of the black color bag
with handle, in which the above Co-Accused alias
**YXZ** kept 11 live cartridges for 12 bore. Then,
sealed the parcel of 01 country made pistol 32 bore
along with magazine and 03 live cartridges 0.32 bore,
parcel of 01 Pump Action Rifle 12 bore and 11 live
cartridges 12 bore and parcel 01 black color bag with
handle with my stamp words HS, sample seal was
prepared separately, after use of stamp, was handed
over to ASI Davinder Singh 18/Khanna. Then, three
parcels duly sealed with stamp words HS along with
sample seals and car No.PB-10AU-xxxx make XXXXXX
XXXXXX color white without documents, were taken
into police custody as evidence through memo, on the
memo Co-Accused alias **YXZ** has put his
signatures in English, ASI Davinder Singh 18/Khanna
and ASI Pramod Kumar 698/Khanna have put
signatures as witnesses. That Co-Accused alias
**YXZ** above, by keeping in his custody 01 country
made pistol 32 bore along with magazine and 03 live
cartridges 0.32 bore, 01 Pump Action Rifle 12 bore and
11 live cartridges for 12 bore, has committed crime
under Sections 25, 54, 59 Arms Act, therefore, by
writing ruqa/written message under sections above
against accused Co-Accused alias **YXZ** above, is
sent through hand CT Balkar Singh 884/Khanna to the
police station. After registering the FIR, number of case
may be intimated. DCR Khanna may be given
information. Special reports may be issued. I, ASI,
along with accompanied employees is busy on the spot
in the investigation. SD/- Harpreet Singh ASI C.I.A.
Staff Khanna. Dated 03.xx.2023, within boundaries: -
T-Point Village Jalla. At 3:30am today, on receipt of
above ruqa at police station, above FIR under above
offence against accused above was registered. DCR
Khanna was given information. By issuing special
 reports, for giving into the service of District Magistrate
and Officers through Constable Gurpreet Singh
294/Khanna. Original ruqa with copy of FIR is being
sent through hand CT arrived personally to
investigation officer on the spot.

2. That the present petitioner is an innocent law-abiding

citizen who has nothing to do with the commission of

the present offence in any manner whatsoever and he

has been unreasonably roped into the present case.

3. It is relevant to mention here that upon bare perusal

of the above-mentioned FIR, it is revealed that the

name of the petitioner is not found in above-mentioned

FIR, and he was nominated in the present case due to

a disclosure statement of the prime accused, namely

Co-Accused @ **YXZ**, who is the only accused

named in the above-mentioned FIR.

4. It is relevant to mention here that upon bare perusal

of the above-mentioned FIR, it is distinct that there

are no private respondent(s), nor any private

complainant(s) and this case is entirely dependent on

the word/story of police officials. No weapons were

recovered from the petitioner nor there is any further

recovery yet to be made from the petitioner.

5. It is most pertinent to mention here that the co-

accused, namely Co-Accused @ **YXZ** (who is the

prime accused in the FIR) was named in the above-

mentioned FIR and has been granted the concession of

bail by this Hon’ble High Court vide order dated

xx.05.2023 in CRM-M-XXXXX-2023. Copy of order

attached herewith as Annexure P-1.

6. It is relevant to mention here that after conferrin g

with the petitioner’s family, it is hereby declared tha t

there are six other FIRs pending against th e

petitioner and for the kind perusal of this Hon’ble

High Court, the antecedents are being presente d

below as follows (ascending date-wise): -

Police Station
Sr.
FIR No. Date Offences (District,
No.
State)
1. xxx (on xx.08.2010 U/s 307, 452, xxxxxxxx
S.O.S.) 323, 324, 325, (Hoshiarpur,
34 of IPC. Punjab)
2. xxx xx.09.2013 U/s 22 of NDPS xxxxxxxxx,
(Acquitted) Act. (Hoshiarpur,
Punjab)
3. xxx (not on xx.12.2019 U/s 307, 323, Xxxxxxxxx
Bail) 324, 325, 326, (Ludhiana,
506, 341, 148, Punjab)
148 120-B of
IPC; U.s 25,
54, 59 of Arms
Act.
4. xxx (On xx.01.2020 U/s 307, 397, Xxxxxxxxx
Bail) 482, 201, 120- (Kapurthala,
B; U/s 25/27 of Punjab)
Arms Act.
5. xxx (not on xx.08.2020 U/s 120-B, 198, Xxxxxxxxx
Bail) 201, 420, 468, (Fatehabad,
471, 474 of Haryana)
IPC;12(1)-B of
Passport Act;
U/s 7, 8, 12 of
the Prevention
of Corruption
Act.
6. xxx (On xx.07.2021 U/s 399, 402, Xxxxxxxxx
Bail) 482 of IPC; 25, (Jalandhar,
54, 59 of Arms Punjab)
Act.

7. It is relevant to mention here that the investigatio n

has been completed and challan has been presente d

but charges are yet to be framed. Thus, trial is no t

likely to conclude in the near future and there would

be no useful purpose of keeping the petitioner behin d

bars as pre-trial incarceration could end up causin g

 irreversible/irreparable loss/damages to the petitione r

and his family.

8. That the present petitioner applied for regular ba il

before the Additional Sessions Judge, Ludhiana, bu t

the same has been dismissed vide order date d

xx.09.2023. A copy of the same bail dismissal orde r

by the ASJ is annexed herewith as Annexure P-2 .

9. It is most pertinent to mention here that the petitioner

was arrested on xx.07.2021 in relation to some other

FIR and was already in custody when the above-

mentioned FIR was lodged, and the custody period of

the petitioner totals approximately 2 years and 8

months.

10. That the petitioner hereby voluntarily/willingly

agrees to abide by all stringent terms and condition s

which this Hon’ble High Court deems proper to

impose while gra nting bail to the petitioner.

11. That no such or similar bail application has earlie r

been filed by the petitioner in any other court: in th e

Court of Sessions, in the Hon’ble High Court nor in

the Hon’ble Supreme Court of India as per th e

purview of the undersigned at the time of filing th is

present petition according to the online interne t

records of the Hon’ble High Court.

 Therefore, it is most respectfully prayed tha t

the petitioner may kindly be granted regular ba il

by this Hon’ble High Court during the pendency o f

Trial in the interest of justice, equity, and fair

play.

It is respectfully prayed that the petitione r

may kindly be exempted from filing certified copie s

of Annexure P-1 and P-2, however, tru e

typed/translated copies of the same are annexe d

along with this petition. Also, kindly exempt th e

filing of certified vernacular copy/original copy o f

FIR, however, the true translation of FIR ha s

already been iterated in paragraph 1 of this

petition itself, in the interest of justice.

Note: 1. Affidavit not required as petitioner is in custody.

2. Vakalatnama/Power of Attorney is being filed along
with this petition.
CHANDIGARH [ BINDU TANWAR ] [ ARUN RANA ]
DATED: 25.01.2024 ADVOCATES
ENRL. NO. P-656/2014 PH-1574/2022
NOR. PH221139
COUNSELS FOR THE PETITIONER(S)
Mob. No.- 78886-84197 62831-13964
Email: bindu.rana.llb@gmail.com