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2021 Supreme(P&H) 125

AVNEESH JHINGAN
Sandeep Kumar – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Deepak Aggarwal, Advocate for Mr. Vishavdeep Singh Rana, Advocate
For the Respondent: Mr. Harsimar Singh Sitta, Adv

JUDGMENT :

AVNEESH JHINGAN, J.

1. This is a petition under Section 439 Cr.P.C. for the grant of regular bail in case FIR No. 81 dated 30.6.2020 under Sections 323, 427, 34 IPC (Section 307 IPC added later on) and Sections 3 and 4 of Explosive Substances Act, 1908 registered at Police Station Baghapurana, Moga.

2. FIR was registered at the instance of Chhotu Ram Thakur @ Phully Thakur. It was stated that his nephew Gurdeep Singh @ Sonu Thakur was employed with DTDC Courier International Services at Nihal Singh Wala. His father also worked there but he was ill and hence nephew used to take him to the head office of DTDC at Bhagat Singh Markit Moga. On 30.6.2020 they brought 5 big parcels and 3 small parcels in a bag. They carried the same on motor cycle bearing registration No. PB-69- C-5807. On their way, they stopped and the complainant started smoking Birhi. When he was clearing the ash suddenly a blast took place and caused injury in his right calf. Somebody had kept the blast material under the brick. There was an extra judicial confession made by the petitioner before Sukhminder Singh, retired Home Guard Personnel.

3. The bail is sought on the grounds that the petitioner was not sp

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