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2025 Supreme(Online)(P&H) 23568

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NISHAN SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

214 Date of Decision: 19.12.2025 Nishan Singh ... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Nandan Jindal, Advocate, for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State.

***

MANISHA BATRA , J. (Oral)

1. The petitioner is seeking indulgence of this Court by filing this petition for grant of regular bail in case arising out of FIR No.06 dated 23.08.2022 registered under Sections 153, 153-A and 120-B of IPC and 25 of Arms Act, 1959 (Sections 212 and 216 of IPC and Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 added later on) at Police Station State Special Operations Cell, SAS Nagar, District Intelligence Wing (SSOC).

2. Brief facts relevant for the purpose of disposal of this petition are that on 23.08.2022, a secret information was received to the effect that one Lakhbir Singh @ Landa who was now residing in Canada, had been engaged in the business of supply of illicit arms and ammunitions and funding by illegal means in connivance with Satnam Singh @ Satta, Gurlal Singh @ Lally, Rajan Bhatti and some unknown persons. It was also informed that he was a follower of Khalistani Separatist Ideology and intended to create disturbance in the name of religion at the instance of ISI by targeting the political leaders and leaders of religious organization to disturb the peace of State of Punjab. FIR was registered.

Investigation proceedings were initiated.

3. As per the further allegations, during the course of investigation, a secret input was received on 23.11.2022 to the effect that the accused Kamaljit Singh and Harjasneet Singh Chahal were harbouring accused Rajan Bhatti and Lakhbir Singh @ Landa in their illegal operations and accused Rajan Bhatti was hiding in their village. Both of them were arrested on 23.11.2022 from a house situated in Sushant City, Bhatinda. Accused Rajan Bhatti managed to escape. Recoveries of illicit weapons were effected from them. Accused Gurlal Singh was arrested on 23.08.2022 who suffered disclosure statement to the effect that he brought eight pistols from Madhya Pradesh on the asking of accused Lakhbir Singh @ Landa and that the petitioner and co-accused Lovejit Singh lodged in jail were close associates of Lakhbir Singh @ Landa and used to arrange supply of weapons to operators of accused Lakhbir Singh @ Landa and to provide shelter to them. The petitioner was nominated as additional accused. He was lodged in Faridkot jail. His presence was secured through production warrants. He too suffered disclosure statement. Investigation now stands completed.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He is in custody for a period of about 03 years, 03 months and 19 days. No recovery has been effected from him. The disclosure statement allegedly suffered by the co-accused is not made part of the challan report. The same can even otherwise not be considered to be admissible in evidence. The co-accused Gurlal Singh has already been extended benefit of bail. No specific act has been attributed to him. He is facing wrath of DSP Lakhbir Singh whose demand for illegal gratification had not been fulfilled by him. The trial will take considerable time to conclude. His further incarceration would not serve any useful purpose. He cannot be denied benefit of bail because of his involvement in other cases. It is, therefore, argued that the petition deserves to be allowed.

5. Per contra, learned Assistant Advocate General, Punjab in compliance of directions issued on 06.11.2025 has placed on record a copy of disclosure statement of the co-accused Gurlal Singh. It is, however, admitted by the Investigating Officer present in the Court that this disclosure statement was not made part of the challan report. It is argued that the petitioner is a habitual offender who has remained involved in as many as 21 cases. He

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