Ashok Singh @ Goshi vs State Of Punjab

Court
Punjab and Haryana High Court

CRM-M-29265-2026
CRM-M-49463-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
218
CRM-M- 29265-2026
SONA SINGH
......Petitioner
Versus
STATE OF PUNJAB
......Respondent
CRM-M- 49463-2026
ASHOK SINGH @ GOSHI
......Petitioner
Versus
STATE OF PUNJAB
......Respondent
Decided on : 11.11.2026
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Amandeep Singh Manaise, Advocate,
for the petitioner in CRM-M-49463-2026.
Mr. Rahul Aggarwal, Advocate,
for the petitioner in CRM-M-29265-2026.
Mr. Gurpartap Singh, AAG, Punjab.

SANJAY VASHISTH, J.
By this common order, both the aforementioned petitions
shall stand disposed of, as they arise out of one common FIR.
1. The instant petitions have been filed under Section 483 of
BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the
petitioners, during the pendency of trial, who have been booked in a
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CRM-M-29265-2026
CRM-M-49463-2026 2
criminal case arising out of First Information Report, as detailed
hereunder:-
Sr.
No.
Petition
Name of
Petitioner
FIR
Date Section(s) Police
Station
District
No.
No.
(s)
1. CRM-
M-
29265-
2026
Sona
Singh,
aged
about 21
years
233 11.09.2025 113A(V) of
BNS, 2023 and
sections 25,
25(1)(A), 25(1-
A), 25(7), 54
and 59 of Arms
Act, 1959
Sadar
Fazilka
Fazilka
2. CRM-
M-
49463-
2026
Ashok
Singh @
Goshi,
aged
about 25
years
233 11.09.2025 113A(V) of
BNS, 2023 and
sections 25,
25(1)(A), 25(1-
A), 25(7) of
Arms Act, 1959
Sadar
Fazilka
Fazilka
2. As per the case of prosecution, on 11.09.2025, while police
party was patrolling and proceeding towards the area of Police Station
Sadar Fazilka from CIA Fazilka, a secret informer approached the police
party and informed them that accused, namely Gurwinder Singh alias
Gindu and Sona Singh (petitioner in CRM-M-29265-2026), were
involved in smuggling of illegal arms from Pakistan. Taking advantage of
the prevailing flood situation, they were allegedly bringing illegal
weapons from across the border. The informer further disclosed that, on
that very day, both the accused were travelling on an unnumbered
motorcycle from Mahatam Nagar towards Theh Kalandar and thereafter
towards Jhok Dipulana, for selling the illegal weapons and that, if raid
was conducted, a huge recovery of illegal weapons could be effected
from them.
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CRM-M-29265-2026
CRM-M-49463-2026 3
Upon receipt of the aforesaid information and before laying
naka , information was conveyed to the police station for registration of
the FIR.
3. Thereafter, both the arrested accused made their respective
disclosure statements on 12.09.2025, wherein they named five other
persons as being involved in the alleged offence, namely Ramesh Singh,
Om Singh, Gagandeep Singh, Ramandeep Singh and Amandeep Singh.
4. Learned counsel for the petitioners submit that two of the co-
accused, namely Ramesh Singh and Gagandeep Singh, have already been
granted the concession of anticipatory bail by this Court. Further, other
co-accused, namely Ramandeep Singh and Amandeep Singh, have also
been granted the concession of regular bail by this Court, vide orders
dated 11.03.2026 (passed in CRM-M-11864-2026) and 17.04.2026
(passed in CRM-M-19209-2026), respectively (Annexures P-2 and P-3).
5. On 13.09.2025, another disclosure statement of accused
Sona Singh (petitioner in CRM-M-29265-2026) was recorded, wherein
he named Ashok Singh alias Goshi (petitioner in CRM-M-49463-2026),
alleging that the latter had contacts in Pakistan and used to communicate
with persons across the border through telephone calls.
6. Learned counsel appearing on behalf of petitioner-Ashok
Singh alias Goshi submits that on 13.09.2025, when the disclosure
statement of co-accused Sona Singh was recorded, petitioner was already
lodged in jail in connection with another FIR. After obtaining his
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CRM-M-29265-2026
CRM-M-49463-2026 4
custody, his disclosure statement was recorded on 28.09.2025, pursuant
to which one Realme mobile phone, without any SIM card, was allegedly
recovered at his instance from bushes situated near the police station.
However, as per the allegations, petitioner-Ashok Singh alias
Goshi was using an Oppo mobile phone containing a SIM card, as
mentioned in the disclosure statement attributed to him. Learned counsel
further submits that petitioner – Ashok Kumar alias Goshi is inside jail
for a period of more than one year and one month.
7. Learned counsel appearing on behalf of petitioner-Sona
Singh (in CRM-M-29265-2026) submits petitioner has been falsely
implicated in the present case. It is contended that during the course of
investigation, 16 pistols, 38 magazines and 1,847 cartridges were
allegedly recovered. However, the entire recovery is stated to have been
effected solely on the basis of secret information, and the recovery
proceedings were witnessed exclusively by police officials, without
associating any independent civilian witness.
Learned counsel further submits that petitioner-Sona Singh
has remained inside jail for a period of more than one year and one
month.
Thus, learned counsel for both the petitioners jointly pray for
the concession of regular bail to them.
8. In response to the submissions advanced by learned counsel
for the petitioners, learned State counsel has produced the custody
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CRM-M-29265-2026
CRM-M-49463-2026 5
certificates of both the petitioners, along with status report dated
10.11.2026, in Court today. The same are taken on record. Office is
directed to tag the same at the appropriate place. A copy thereof has also
been supplied to learned counsel for the petitioners.
As per the custody certificates, petitioner-Sona Singh has
undergone actual custody of 01 year, 01 month and 24 days in the present
case, whereas petitioner-Ashok Singh alias Goshi has undergone actual
custody of 01 year, 01 month and 10 days.
9. Learned State counsel, while opposing the prayer for grant
of regular bail, submits that petitioner-Ashok Singh alias Goshi is a
habitual offender, as four other cases under the NDPS Act have also been
registered against him. Thus, he is not entitled for the concession of
regular bail.
So far as petitioner-Sona Singh is concerned, learned State
counsel fairly concedes that no other criminal case is registered against
him; however, it is contended that a huge quantity of illegal weapons has
been recovered from his possession in the present case.
Keeping in view the gravity and seriousness of the offences
alleged against the petitioners, learned State counsel submits that they do
not deserve the concession of regular bail and, accordingly, prays for
dismissal of both the petitions.
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CRM-M-29265-2026
CRM-M-49463-2026 6
10. This Court has heard the submissions advanced by learned
counsel for the parties and has also gone through the record available on
file.
11. Undoubtedly, both the petitioners have remained inside jail
for a period of approximately one year and one month. However, so far
as petitioner-Ashok Singh alias Goshi is concerned, it is apparent from
the record that no weapon of any kind was recovered from his
possession. Primary allegation against him is with regard to his alleged
involvement in the illegal arms smuggling network. In these
circumstances, keeping him behind bars for an indefinite period,
particularly when no weapon has been recovered from his possession,
would serve no useful purpose, especially when trial is likely to take
considerable time to conclude.
12. In view of the totality of facts and circumstances of the case,
nature of allegations levelled against petitioner-Ashok Singh alias Goshi,
the fact that no weapon has been recovered from his possession, and the
period of custody already undergone by him, this Court deems it
appropriate to extend the concession of regular bail to him.
13. Consequently, petition i.e. CRM-M-49463-2026 filed by
petitioner-Ashok Singh alias Goshi is allowed.
Petitioner – Ashok Kumar alias Goshi is ordered to be
released on bail, subject to his furnishing bail/surety bonds to the
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CRM-M-29265-2026
CRM-M-49463-2026 7
satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa
Magistrate/ Duty Magistrate concerned, if not required in any other case.
14. Needless to observe that the petitioner shall not extend any
threat and shall not influence any prosecution witness in any manner
directly or indirectly.
15. Any of the discussion done and recorded here above, shall
not be construed as an expression of opinion on the facts of the case.
Therefore, trial Court is expected to decide the case by taking an
independent view, on the basis of evidence available on record, as
expeditiously as possible, in accordance with law.
16. However, insofar as petitioner-Sona Singh (in CRM-M-
29265-2026) is concerned , the position is materially different. At the
time of his arrest on 11.09.2025, total 14 pistols were recovered from the
bag being carried by accused Sona Singh and Gurwinder Singh alias
Gindu, apart from one pistol each recovered from the personal possession
of the two accused. Thus, total 16 pistols, including one Glock 9 mm
pistol, were recovered from the two accused. In addition thereto, 38
magazines and 1,847 cartridges were also recovered from the possession
of petitioner-Sona Singh.
17. Keeping in view the substantial quantity of illegal weapons,
magazines and ammunition allegedly recovered in the present case,
coupled with the nature and gravity of the allegations levelled against
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CRM-M-29265-2026
CRM-M-49463-2026 8
petitioner-Sona Singh, this Court does not find any sufficient ground to
extend the concession of regular bail to him, at this stage.
18. Accordingly, petition i.e. CRM-M-29265-2026 filed by
petitioner-Sona Singh is dismissed.
19. A photocopy of this order be placed on the file of other
connected case.
(SANJAY VASHISTH)
JUDGE
11.11.2026
Lavisha
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
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