IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M. No. 55268 of 2009 in Crl. Misc. No. M-28727 of 2009 Date of decision: 30.10.2009 Bhupinder Singh ….. Petitioner Versus State of Punjab …. Respondent And Crl. Misc. No. M-29201 of 2009 Date of decision: 30.10.2009 Bhawandeep Singh ….. Petitioner Versus State of Punjab …. Respondent Present: Mr. R.S. Bains, Advocate for the petitioners. Mr. H.S. Gill, DAG, Punjab. **** S.S. SARON, J. Crl. Misc. No. 55268 of 2009 Copy of the statement (Annexure P9) of Roop Singh (PW7) attached with the Crl. Misc. application is taken on record subject to just exceptions. Crl. Misc. stands disposed of. Crl. Misc. No. M-28727 of 2009 and [2] Crl. Misc. No. M-29201 of 2009 Main Case Heard counsel for the parties. This order will dispose of Crl. Misc. No. M-28727 of 2009 filed by Bhupinder Singh son of Tarsem Singh and Crl. Misc. No. M-29201 of 2009 filed by Bhawandeep Singh son of Surinder Singh as they arise out of the same occurrence. The petitioners namely Bhupinder Singh in Crl. Misc. No. M- 28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 in both the petitions seek regular bail in a case registered against them for the offences under Sections 4 and 5 of the Explosive Act and Section 25 of the Arms Act. The FIR in the case has been registered on the statement of informant Balbir Singh, SI/SHO, Police Station Dakha, District Ludhiana. According to the complainant, he along with other police officials were present in a Government Gypsy at Mullanpur Chowk on 2.9.2007. At about 11.30 p.m. an information was received that the Highway Patrolling Party No.9 had apprehended a car on the path which turns towards Dakha. The police party reached the place and a man was found sitting on the driving seat of the Esteem car on the katcha (unmettled) path-way of the road. On being asked, the said person gave his name as Gurpreet Singh son of Tarlok Singh. When the police party asked him for checking the car then all of a sudden the young man fled away from the spot. The Esteem Car was in any case searched and RDX wrapped in a polythene bag was found. It weighed about 3 kgs 530 gms. The same was taken into possession after parcels were made. Thereafter, on checking the dash board of the car, an electric wire of about 50 meters and detonator ramp was also recovered. These were also taken in possession. The allegations against both the petitioners namely Bhupinder Crl. Misc. No. M-28727 of 2009 and [3] Crl. Misc. No. M-29201 of 2009 Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 are that on 23.12.2007, the statement of one Roop Singh son of Geer Singh (PW7) was recorded under Section 161 CrPC in which it is stated that one Jaswinder Singh Mandiani who was member of Eknoor Khalsa Fauj and was petitioners’ friend had one day introduced the said petitioners to Gurpreet Singh Khalsa that is the person who ran away from the Esteem Car which was apprehended on the turning of the road towards Dakha. The said Gurpreet Singh asked Roop Singh (PW7) to meet him on 28.6.2007 at the tubewell near Gurdwara Sahib situated on the road from village Rurka to Mohi. Roop Singh (PW7) reached there on 26.8.2007. There he met aforesaid Gurpreet Singh Khasla. Latter held meeting with various persons including the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M- 29201 of 2009 and one Diblag Singh Bagga. From their talks, Roop Singh (PW7) came to know that the persons who were present at the meeting had RDX in their possession and they wanted to carry out blasts with the RDX. During the meeting, Sandeep Singh Herry, Gurpreet Singh and Sarabjit Singh Ghuman gave lectures and said that they were trying to collect more and more persons for this work. Besides, Sarabjit Singh Ghuman had inspired youths to become human bombs. After that Roop Singh (PW7) did not meet them due to fear. The earlier applications for seeking regular bail filed by the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 were dismissed on 22.4.2009. The said petitioners in the present cases were arrested on 4.1.2008. Crl. Misc. No. M-28727 of 2009 and [4] Crl. Misc. No. M-29201 of 2009 Learned counsel appearing for both the petitioners in the respective petitions has submitted that after the dismissal of the bail applications of the petitioners on 22.4.2009, Sarabjit Singh Ghuman who had given lecture has been granted bail by this Court vide order dated 29.5.2009. Besides, it is submitted that the only evidence against the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 is the deposition of Roop Singh who statement (Annexure P9) under Section 161 CrPC has been recorded as PW7. In the said statement it is submitted that Sarabjit Singh Ghuman and one Sandeep Singh gave lectures on 26.8.2007 between 10.00 am to 11.00 am. Besides, it is stated by Roop Singh (PW7) that he identifies Gurpreet Singh, Sarabjit Singh Ghuman and Sandeep Singh and can identify the remaining accused by their faces. According to him, they were the persons who were present in the meeting but he did not know their names. Learned counsel for the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 contends that the said Roop Singh did not identify the said petitioners as the one of the persons who were present at the meeting on 26.8.2007. In response, learned State counsel has opposed the application and on instructions from SI Swaran Singh, Police Station Dakha, District Ludhiana (Rural) has stated that the prosecution witnesses are being examined and seven witnesses remain to be examined out of whom evidence- in-chief of three witnesses have already been recorded. It is, therefore, submitted that the trial in the case is likely to conclude early and therefore, the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 are not entitled to the concession of bail. Crl. Misc. No. M-28727 of 2009 and [5] Crl. Misc. No. M-29201 of 2009 I have given my thoughtful consideration to the matter. It may be noticed that even though the earlier applications of the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 for bail have been declined on 22.4.2009, however, Sarabjit Singh Ghuman who was giving lecture at the relevant time has been granted the concession of bail by this Court vide order dated 29.5.2009. Besides, the other accused namely Dilbag Singh @ Bagha and Dr. Baghwan Singh have been granted the concession of bail vide order dated 9.9.2008 and 19.11.2008. The effect of the statement of PW7 Roop Singh as to whether he identifies the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 and other accused by their faces and does not identify them, is to be considered and gone into after the evidence has been concluded. At this stage, it would be inappropriate for this Court to go into this aspect. Keeping in view the aforesaid facts and the concession of bail granted to the other co-accused, the Crl. Misc. petitions (i.e. Crl. Misc. No.M- 28727 of 2009 and Crl. Misc. No. M-29201 of 2009) are allowed and the petitioners namely Bhupinder Singh in Crl. Misc. No. M-28727 of 2009 and Bhawandeep Singh in Crl. Misc. No. M-29201 of 2009 on their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana shall be admitted to bail. (S.S. SARON) JUDGE October 30, 2009 amit