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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
Sandeep Kumar – Appellant
Versus
State Of Punjab - Respondent
CRM-M-10613 of 2021 (O&M)
Decided On : 15-03-2021
Bail - Explosive Substances Act - Regular bail granted to petitioner due to lack of recovery, prolonged custody, and delayed trial
Fact of the Case:
The petitioner sought regular bail in a case involving charges under Sections 323, 427, 34 IPC, Section 307 IPC, and Sections 3 and 4 of Explosive Substances Act, 1908. The FIR was registered after an explosion caused injury to the complainant, and the petitioner was implicated based on a disclosure statement.
Finding of the Court:
The court granted bail to the petitioner considering the prolonged custody of over eight months, lack of recovery, completion of investigation, and the delayed conclusion of the trial. The court also noted that the petitioner was not specifically named in the FIR and that the co-accused had been granted bail earlier.
Issues: The main issue was whether the petitioner should be granted regular bail despite the serious allegations and charges against him.
Ratio Decidendi: The court decided to grant bail based on the prolonged custody, lack of recovery, and the delayed conclusion of the trial, along with the petitioner not being specifically named in the FIR.
Final Decision: The petitioner was directed to be released on bail upon furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.
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 specifically named in the FIR; no recovery is to be made; the petitioner is in custody for more than 8 months; the challan stands presented and the co-accused was granted bail by this Court on 8th January, 2021.
4. Learned State counsel opposes the prayer and states that there are serious allegations and on instructions from SI Gurtej Singh submitted that Gandhak (sulphur) and Sora was used as explosive material. It is submitted that during investigation it was found that the material was actually placed in front of shop of one Raju and accidentally the complainant got injured in the said explosion.
5. Considering that the petitioner is in custody for more than eight months; no recovery is to be made; investigation is complete; the name of the petitioner surfaced only in a disclosure statement and conclusion of trial would take time, the petitioner is directed to be released on bail subject to his furnishing of surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned.
6. The petition is disposed of.
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