Criminal Misc. No. M-12616 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-12616 of 2009 Date of Decision: 18.5.2009 Sahab Singh alias Sahba …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mrs. Gursharan Kaur Mann, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No. 109 dated 9.3.2009 registered at Police Station Sadar Amritsar, under Sections 286, 304-A, 285, 337, 338, & 188 IPC and Sections 3, 4, 5, 6, & 9-B of the Explosive Substances Act. On 7.5.2009, this Court had passed the following order:- “Three persons namely Amarjit Singh alias Nikka, Mamta and Shafi had died in the house of the petitioner as there was an explosion. In the FIR, it is stated that in the house of petitioner, crackers were being manufactured. Counsel further states that all Criminal Misc. No. M-12616 of 2009 2 offences except Sections 3 & 4 of the Explosives Substances Act, 1908, are bailable. The Investigating Officer is directed to appear in the Court along with the record to show what visual observations of the spot had been recorded?, What chemicals were recovered? Whether any Expert had examined the place of occurrence or not? Issue notice of motion. On the asking of the Court Dr. U.S. Dhaliwal, learned Additional Advocate General, Punjab, accepts notice on behalf of the State. A copy of petition has been supplied to him. Case to come up for hearing on 11.5.2009”. Investigating Officer Hardeep Singh, Sub Inspector, is present in the Court along with case file. Case file reveal that only 65 empties of bombs (crackers) have been recovered. It has been further submitted that FSL team from Chandigarh had inspected the spot. It is submitted that investigation is held up as report of FSL is awaited and petitioner is to be interrogated. It is a case of three deaths, fair opportunity is to be granted to the Investigating Agency to find out reasons for the death or whether any offence under Section 9-B of the Explosive Substances Act is made out or not. This Court cannot loose sight of the fact that all the offences under the Indian Penal Code are bailable. Therefore, liberty of the Criminal Misc. No. M-12616 of 2009 3 petitioner is also to be taken into consideration. Hence, the present petition is disposed off with the direction that in case petitioner surrender before the Investigating Officer on or before 25.5.2009, his application for regular bail shall be decided by the trial Court within two days after period of police remand is over. (Kanwaljit Singh Ahluwalia) Judge May 18, 2009 “DK”