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2021 Supreme(P&H) 1441
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl, J.
Hari Charan Alias Pappu - Appellant
Versus
State Of Punjab - Respondent
Cr M M No. 48175 of 2019
Decided On : 16-08-2021
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
EXPLOSIVE SUBSTANCES ACT : S.3, S.4
EXPLOSIVES ACT : S.6(a), S.9(b)
INDIAN PENAL CODE : S.188
Headnote
Regular Bail - Criminal Law - The court granted regular bail to the petitioner based on the fact that the main accused had already been granted bail, the petitioner had given an undertaking, and the trial was not likely to be concluded in the near future.
Fact of the Case:
The petitioner filed a petition for regular bail in a case involving charges under various sections of the Explosives Act and Explosive Substances Act. The main accused had already been granted bail, and the petitioner had given an undertaking.
Finding of the Court:
The court found that the main accused had been granted bail, the petitioner had given an undertaking, and the trial was not likely to be concluded soon. Therefore, the court deemed it appropriate to grant regular bail to the petitioner.
Issues: The issues involved the grant of regular bail to the petitioner in a case related to explosives, considering the bail granted to the main accused and the petitioner's undertaking.
Ratio Decidendi: The court decided to grant regular bail to the petitioner based on the fact that the main accused had already been granted bail, the petitioner had given an undertaking, and the trial was not likely to be concluded in the near future.
Final Decision: The court allowed the petition and ordered the petitioner to be released on bail upon furnishing bail/surety bonds to the satisfaction of the concerned Illaqa Magistrate/Duty Magistrate/CJM concerned.
J.K. Singla, Advocate, Saurav Khurana, Advocate
JUDGMENT
Vikas Bahl, J. - CRM-21561-2021
This is an application for placing on record the order dated 12.12.2019 granting regular bail to the co-accused. The said order is taken on record as Annexure P-10.
2. Application stands allowed.
CRM-M-48175-2019
3. This is the first petition filed by the petitioner under Section 439 Cr.P.C. for grant of regular bail in FIR No.172 dated 05.10.2019 under Section 188 IPC and Sections 6-A and 9-B of The Explosives Act, 1884 (Act No.4 of 1884) and Sections 3 and 4 of The Explosive Substances Act, 1908 (Act No.6 of 1908), registered at Police Station City-1, Mansa, District Mansa.
4. It has been submitted by the learned counsel for the petitioner that a Co-ordinate Bench of this Court vide order dated 19.11.2019 had granted interim bail to the petitioner. The said order is reproduced hereinbelow:-
"Learned counsel for the petitioner seeks some time to have instructions in the matter and to file an undertaking by the petitioner as well as his father.
Petitioner be released on interim bail till the next date of hearing on his furnishing adequate bail and surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned.
Let needful be done on or before the next date of hearing.
Adjourned to 25.11.2019."
5. It has further been submitted that that the petitioner and his father had given an undertaking that they will not do any work relating with crackers in future. The said undertakings have been annexed as Annexures P-7 and P-8 with the petition. In view of the said undertakings, the interim order was continued and the matter came up before a Co-ordinate Bench of this Court on 06.07.2021, wherein, the following order was passed:-
"In a petition for regular bail this Court vide order dated 19.11.2019 had granted interim bail to the petitioner till next date of hearing which was fixed as 25.11.2019. Thereafter, the interim bail is being continued till date. Since it is a petition for regular bail, it means that petitioner accused is in custody and his release there from is sought with petitioner on interim bail and not in judicial custody, the petition cannot be taken up for final decision. Under the circumstances, the petitioner is directed to surrender at District Jail, Mansa within 10 days from today and the intimation in that regard be given to this Court. His petition for regular bail would be taken up for hearing after his surrender in the jail.
To come up on 23.7.2021."
6. In pursuance of the above order, the petitioner had surrendered on 15.07.2021 and the said fact has been noticed in the order dated 23.07.2021 and the case was adjourned for arguments.
7. Learned counsel for the petitioner has submitted that as per the allegations in the FIR, the main accused is Rama Nand and the said Rama Nand has also been granted regular bail vide order dated 12.12.2019 by the learned Additional Sessions Judge, Mansa and a copy of the said order has been annexed as Annexure P-10. It is further submitted that in fact, the father of the petitioner had a licence dated 29.10.1999 to possess and sell fire-works. It is also submitted that the petitioner is in custody for the last 02 months and 13 days. Challan has already been presented in the Court and there are as many as 11 witnesses in the list of the prosecution witnesses and thus, the trial is likely to take time to conclude.
8. Learned State counsel has submitted that the licence of the father of the petitioner was valid up to 31.03.2018 and that the matter is fixed for framing of the charges on 03.09.2021. However, the factum of grant of regular bail to the father of the petitioner and also the period of custody undergone by the petitioner has not been disputed and in fact, the learned counsel has placed on record the custody certificate dated 13.08.2021, which is taken on record.
9. To rebut the arguments of the learned State counsel, learned counsel for the petitioner has further submitted that the father of the petitioner had applied for renew
