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2013 Supreme(AP) 170

IN THE HIGH COURT OF PUNJAB AND HARYANA DIVISION BENCH
S.S. Saron and S.P. Bangarh, JJ.
Mohinder Singh @ Baba @ Natha Singh and Others - Appellants
Vs.
State of Haryana - Respondent
Crl. Misc. No. 2353 of 2013 in Crl. Appeal No. S-2747-SB of 2012
Decided On: 12.03.2013

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Vijay Kumar Jindal, Advocate for the Applicants No. 1 and 2
For Respondents/Defendant:Mr. H.S. Deol, Addl. AG, Haryana and Mr. G.S. Hooda, Advocate

Headnote:

Indian Penal Code, 1860 - Section 120-B and 307 - Explosive Substances Act, 1908 - Section 6 - Rigorous imprisonment - Criminal miscellaneous application has been filed seeking suspension of sentences of imprisonment of the applicants/appellants No. 1 and 2- during the pendency of the appeal - Held, Keeping in view the facts and circumstances of the case and particularly the period of imprisonment undergone by the applicants/appellants No. 1 and 2 as also the fact that the appeal is not likely to mature for hearing in the near future, it would be just and expedient to suspend the sentences of their imprisonment but at the same time ask them to execute their own bonds and also furnish a surety of a respectable person of their area who along with the respective applicants/appellants No. 1 and 2 shall undertake that while on bail they would maintain peace and good behaviour; besides, they would report at the police station of their residence at least once in a month i.e. on the 10th of each month after their release - Application allowed. (Para 8)

JUDGMENT

1. Heard learned counsel for the parties.

The criminal miscellaneous application has been filed seeking suspension of sentences of imprisonment of the applicants/appellants No. 1 and 2-Mohinder Singh @ Baba @ Natha Singh and Swaran Singh during the pendency of the appeal.

Learned counsel for the State has filed affidavit of Sh. Sanjeev Kumar, Deputy Superintendent, District Prison, Karnal mentioning the period of imprisonment undergone by the applicant/appellant No. 2-Swaran Singh. The same is taken on record. Similar affidavit dated 23.02.2013 in respect of applicant/appellant No. 1-Mohinder Singh @ Baba @ Natha Singh was filed on the last date of hearing and was taken on record.

2. Both the applicants/appellants No. 1 and 2 have been convicted by the learned Additional Sessions Judge, Karnal for the offences punishable under Section 120-B IPC and Section 307 read with Section 120-B IPC. In respect offence under Section 120-B IPC, they have been sentenced to undergo rigorous imprisonment for seven years; besides, pay a fine of ` 5000/- each and in default thereof to further undergo simple imprisonment for a period of two years each. For the offence under Section 307 read with Section 120-B IPC, they have been sentenced to undergo rigorous imprisonment for ten years; besides, pay a fine of ` 5000/- each and in default thereof to undergo simple imprisonment for a period of three years each. They have also been convicted for the commission of offence punishable under Section 3(a) read with Section 6 of the Explosive Substances Act, 1908 read with Section 120-B IPC. They were ordered to undergo rigorous imprisonment for ten years; besides, pay a fine of ` 5000/- each and in default thereof to undergo further simple imprisonment for a period of three years. The substantive sentences of imprisonment were ordered to run concurrently.

3. The FIR in the case has been registered on the statement of complainant-Rajesh Insan (applicant in Crl. Misc. No. A-864-MA of 2012) made before SI/SHO Jagpal Singh, Police Station Butana. It is alleged by the complainant that on 02.02.2008, Baba Gurmeet Ram Rahim after attending the Court proceedings at Ambala Cantt. was proceeding to U.P. via Karnal in a cavalcade of vehicles being escorted by the two 'gypsy' vehicles of the Haryana Police. When the fleet reached in the area of village Manak Majra on the G.T. road, which is within the area of Police Station Butana then at that time, a truck bearing No. HR-56-1887 was going ahead and while overtaking the truck an explosion occurred from the truck on account of which some vehicles of the cavalcade of Baba Gurmeet Ram Rahim were damaged. This caused injuries to the complainant-Rajesh Insan and also to Deepan and Dayal. After the explosion, the persons accompanying the cavalcade saw that the explosion had occurred in the aforementioned truck. The persons accompanying the cavalcade chased the truck and got it stopped after some distance. By that time the complainant-Rajesh Insan and Deepan also reached there. It came to the notice of the complainant that the truck in question was being driven by Mohinder Singh @ Baba @ Natha Singh (applicant/appellant No. 1) and Swaran Singh (applicant/appellant No. 2) was sitting beside him. The explosion had been caused by them through a bomb installed in the spare wheel of the truck. The explosive was exploded by the said accused namely Mohinder Singh @ Baba @ Natha Singh and Swaran Singh (applicants/appellants No. 1 and 2) through a remote control devise when the cavalcade of Baba was overtaking the truck. It was with the intention to kill Baba Gurmeet Ram Rahim. After explosion, Baba left the scene of crime. With the above facts, he prayed that necessary action be taken.

4. The learned trial Court after detailed consideration of the evidence and material on record has found the applicants/appellants No. 1 and 2 guilty for the offences under Sections 120-B and 307 read with Section 120-B IPC as also Section 3(a) r







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