Arvind Singh Sangwan,J. - (1.) Prayer in these petitions is for grant of regular bail to the petitioners namely Nirmal Singh, Jaspreet Singh @ Lady, Satwinder Singh @ Chatta, Gurkirat Singh @ Jassi, Kuldeep Singh @ Deepu and Balwinder Singh @ Jassi, under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.120 dated 01.11.2020, for offence punishable under Sections 399, 402 of the Indian Penal Code, 1860 (in short 'IPC'), 25 of the Arms Act and 21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station Bhadaur, District Barnala.
(2.) All the cases are taken up together as the arguments are common in all the cases.
(3.) In order to avoid any discrepancy in the prosecution version, the facts as noticed in the order dated 15.12.2020, passed by the Additional Sessions Judge, Barnala, are reproduced as below:- "As per the prosecution version, on 1.11.2020 Inspector Baljit Singh was present at T point, Bhadaur where he received a secret information against the accused persons namely Harmit Singh, Balwinder Singh, Jagsir singh, Ravinder Kumar, Gajedar Saran and Amra Ram @ Mukesh have formed a gang and they used to loot petrol pump, mobiles and vehicles on the pointing of illegal weapons. On the basis of this secret information, FIR was registered against the above named accused persons and further investigation was ensued and they were arrested on the same day. From the possession of accused Harmit Singh one 32 bore pistol along with 05 cartridges were recovered which were taken into possession by the police. From the possession of accused Jagdish Singh, one pistol of 315 bore alongwith one cartridge of the same bore were also recovered which were also taken into police possession. Search of accused Ravinder Kumar led to the recovery of one 315 bore pistol and 01 cartridge of the same bore which were also taken into police vide separate recovery memo. On the search of accused Gajedar Saran and accused Amra Ram, 500 grams of intoxicant powder and 25 cartridges were recovered from each of them and as such addition of offence u/s 21, 25/29 of the NDPS Act was made vide DDR no.23 dated 1.11.2020. During further interrogation of accused Amra Ram, recovery of one pistol of 32 bore, 5 cartridges and one Baleno car was effected. From the possession of accused Harmit Singh, Balwinder Singh and Jagdish Singh motor cycle bearing no.PB 05Y 1836 and from the possession of accused Ravinder Kumar, Gajedar Saran and Amra Ram motor cycle No.PB-19-P-2482 were also recovered. During the interrogation of accused persons namely Ravinder Kumar, Gajedar Saran, Jagdish Singh and Harmit Singh, accused/applicant Kamal Kumar was nominated in this case on 4.11.2020 and he was arrested on 5.11.2020 and 06 live cartridges were recovered from him. From the possession of accused/applicants Gurkirat Singh, Satwinder Singh one motor cycle no.PB-19-E-3908, whereas from the possession of accused/applicants Kamal Kumar and Gurdit Singh one scooty without number plate were also recovered. Then on 8.11.2020 accused/applicant Manga Singh was also nominated in this case and from his possession 06 cartridges of 12 bore recovered and on 12.11.2020 one 32 bore pistol and 03 cartridges were also recovered from his possession. On 5.11.2020 accused Satwinder Singh was arrested in this case and from his possession 4 cartridges were recovered from his possession. Similarly from the possession of accused Gurdit Singh who was also arrested on 5.11.2020, similar number of cartridges to say four were also recovered. One 32 bore pistol and four cartridges were also recovered from the possession of accused Lovepreet Singh who was arrested in his case on 7.11.2020. From the possession of accused Karanvir Singh, who was arrested on 8.11.2020 10 cartridges of 12 bore were recovered and on 11.11.2020 from his possession 260 grams of intoxicant powder and one pistol of 32 bore along with 3 cartridges were recovered. From the possession of accused Jaspreet Singh one 32 bore pistol along with 3 live cartridges were recovered when he was arrested on 8.11.2020. Likewise on 8.11.2020 from the possession of accused Amanpreet Singh four cartridges of 12 bore were also recovered. From the possession of accused Amritpal Singh one pistol of 32 bore and 2 cartridges were recovered and from the possession of accused Kuldeep Singh, who was arrested on 1.12.2020, 5 cartridges 7.65 were recovered from his possession on 4.12.2020 whereas no recovery of any incriminating material was effected from accused Balwinder Singh and Lovejot Singh, Devinderpal Singh and Nirmal Singh who were arrested on 1.11.2020, 10.11.2020, 25.11.2020 and 28.11.2020 respectively. Whereas accused Prem Parkash and Sajan are still to be nabbed in this case and further investigation is going on. ;