In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-33310 of 2008 ..... Date of decision:29.4.2009 Parveen alias Meena .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. H.S. Bhullar, Advocate for the petitioner. Mr. S.S. Pattar, Senior Deputy Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. The petitioner seeks regular bail in a case pending trial for the offences under Sections 307, 420, 120-B, 34 and 473 IPC and under Sections 3 and 4 of the Explosive Substances Act. The FIR in the case has been registered on 2.2.2008 on the statement made by Rajesh Inshah son of Ram Niwas Inshah. It has been alleged by the informant that he has been serving Dera Sacha Sauda, Sirsa as Sewadar for the last 20 years. Deepan Inshah son of Darshan Lal Inshah and Dyal Singh son of Karnail Singh were also serving as Sewadars with the Dera Sacha Sauda. On 2.2.2008, the informant, Deepan Inshah, Dyal Inshah and other members of the Sangat were returning along with Sant Gurmit Ram Rahim Singh Ji Inshah to Dera Barjawa, District Meerut (U.P.) after attending the Courts at Ambala. There were many vehicles in the procession. The informant, Deepan Inshah and Dyal Inshah were sitting in a black colour Scorpio vehicle. There were 6/7 vehicles between their Cr. Misc. No.M-33310 of 2008 [2] vehicle and that of the Baba Ram Rahim, who was sitting in a black colour vehicle. At about 3.30 p.m. when the procession reached at G.T. Road near Village Manak Majra, a truck bearing No.HR-56-1887 was going ahead of their vehicle. The driver Pargat Singh blew horn a number of times so as to take side from the truck but the truck driver did not give them side. They had to drive the vehicle behind the truck for quite some time. Thereafter, the truck driver gave them side. When the driver of the informant brought the vehicle parallel to the truck in the process of overtaking it, then there occurred an explosion as if there was a bomb blast and their vehicle got damaged. The informant received injuries on his head. Deepan Inshah and Dyal Inshah, who were sitting along side the informant also received injuries. The truck was stopped by the Sangat wherein two persons Mahender Singh son of Subeg Singh and Swaran Singh son of Karnail Singh were sitting. The Quallis vehicle No.PB-30-C-3377, which was coming behind their vehicle also got damaged. Mahender Singh and Swaran Singh blasted bomb in their truck so as to kill Baba ji and the Sangat. The damaged vehicles were at the spot. The informant, Deepan and Dyal suffered injuries in the incident and were taken to a hospital at Karnal with the help of passersby. The statement of the informant had been recorded. Learned counsel appearing for the petitioner has submitted that the name of the petitioner is not mentioned in the FIR and she, in fact, is a victim of circumstances. It is submitted that the petitioner is a student of B.A. Part-I of Mohindra College, Patiala and had been pursuing her studies at the college. Her father Sadiq Mohammad had died and she was living with her brothers Abdul Sitar and Aspat Mohammad, besides her mother Cr. Misc. No.M-33310 of 2008 [3] Amarjit Kaur. She used to live at Mata Gujri Sahara Trust, Bhaini, Patiala which was being run to look after orphan children. It is submitted that the petitioner is not remotely connected with the crime alleged to have been committed in the present case. The allegations that she had conspired with Bakshish Singh-accused for the elimination of the head of Dera Sacha Sauda and a bag containing RDX, pistol, cartridges and other material was handed over to her by Bakshish Singh in the presence of Dharminder alias Pinda and Mohinder Singh-accused having been brought from co-accused Hoshiar Singh and Bakshish Singh do not connect the petitioner, in any way, with the crime. Even part of the conspiracy cannot be attributed to her as the petitioner being a young girl of 19-20 years would not involve herself with any such crime as has been alleged. It is submitted that the only allegations against the petitioner are the statements of co-accused Dharminder alias Pinda and Mohinder Singh. Besides, it is submitted that the trial in the case is likely to take time, inasmuch as, out of the 82 witnesses cited by the prosecution, only 13 have been examined and the petitioner has been in custody since 13.3.2008 i.e. for more than a year. In response, learned counsel for the State has opposed the application. It is submitted that the petitioner is clearly involved in the conspiracy to eliminate the head of the Dera. He has referred to the statement of Harminder Singh (PW-7), who has been examined in the case to contend that an accused namely Gurinder Singh alias Ghunna had appeared before Sadhu Singh in his house at Patiala. Gurinder Singh alias Ghunna narrated the involvement of Bakshish Singh besides, he stated that in the month of December 2007 at the instance of Bakshish Singh, Parveen alias Meena (petitioner) was given a room in his house on rent in the area of Cr. Misc. No.M-33310 of 2008 [4] Ragho Majra, Patiala at the rate of Rs.2,000/- per month. Earlier Parveen alias Meena (petitioner), who was a student of Mohindra College, Patiala, it is stated, used to live with Bakshish Singh. In the second week of January 2008 a black colour bag was shown to Gurinder Singh by Parveen (petitioner). The bag was containing silver coils and packets of explosive substance. Gurinder Singh stated that Bakshish Singh had told him to ask Parveen (petitioner) to keep the bag with her and said that ammunition in the bag is to be used for the killing of Baba Ram Rahim. Therefore, it is submitted that the petitioner is not entitled to the concession of bail. I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties and also gone through the records of the case. As has already been noticed, the petitioner is not named in the FIR. She after the death of her father Sadiq Mohammad was living with her brothers, namely, Abdul Sitar and Aspat Mohammad, besides, her mother Amarjit Kaur. She used to live in Mata Gujri Sahara Trust, Bhaini, Patiala, where orphan children are housed. Bakshish Singh was in jail and his wife and children were also living in the same Trust building. After Bakshish Singh was released from jail, he met the petitioner and they developed good relations. Thereafter, Bakshish Singh shifted to a rented house at Ragho Majra near Patiala and Parveen (petitioner) used to live in the house of Bakshish Singh and she used to remain in the said house continuously for a number of days. Thereafter, Bakshish Singh got a rented room arranged for the petitioner in the house of Gurinder Singh (accused) of the same village. The allegations, therefore, against the petitioner are that she conspired with Bakshish Singh for the purpose of eliminating Baba Gurmit Ram Rahim. Thereafter, a bag containing RDX, pistol, cartridges Cr. Misc. No.M-33310 of 2008 [5] and other material required for the bomb blast was handed over to her in the presence of Dharminder alias Pinda and Mohinder Singh. The said bag containing RDX and other articles had been got from co-accused Hoshiar Singh, Bakshish Singh and others to the house of the petitioner. The petitioner thereafter brought it to Patiala and thereafter, on the direction of Bakshish Singh to keep the bag containing RDX and other articles carefully by telling her that ammunition is to be used for killing the head of Sacha Sauda Dera. She had shown the bag containing RDX to Gurinder Singh, accused also. Besides, the petitioner had helped Bakshish Singh for getting SIM card on the basis of her identity card of college address being a student of B.A. Part-I. It is also alleged that at the instance of Bakshish Singh, the petitioner also agreed to become a human bomb and she was told that human bomb blast was being prepared. The allegations as made at first sight give the look being serious in nature, however, it may be noticed that the evidence against the petitioner is that of Harminder Singh who has been examined as PW-7 and that of Sadhu Singh, whose statement under Section 161 Cr.P.C. has been recorded. Harminder Singh (PW-7) has narrated the extra-judicial confession made by accused Gurinder Singh alias Ghunna before Sadhu Singh where he (Harminder Singh, PW-7) was present It is stated by Harminder Singh (PW-7) that Gurinder Singh alias Ghunna told Sadhu Singh that in the month of December 2007 at the instance of Bakshish Singh, Parveen alias Meena (petitioner) was given a room in his house on rent in the area of Ragho Majra at the rate of Rs.2,000/- per month. Earlier, the petitioner, who was a student of Mohindra College, Patiala, used to live with Bakshish Singh. In the second week of January 2008 a black Cr. Misc. No.M-33310 of 2008 [6] coloured bag was shown to Gurinder Singh by Parveen (petitioner). The bag was containing silver coils and packets of explosive substances. Gurinder Singh stated that Bakshish Singh had told him to ask Parveen (petitioner) to keep the bag with her and told that ammunition in the bag is to be used for killing Baba Gurmit Ram Rahim. The other allegations as have been made are not shown to be there. In the statement of Sadhu Singh recorded under Section 161 Cr.P.C. he has stated that he was retired Sub Inspector from the Punjab Police. On 21.3.2008 at about 9.00 in the morning he was sitting with Shri Harminder Singh (PW-7) and was talking. While sitting, Gurinder Singh alias Ghunna, who does the work of Water Filter (R.O.) Mechanic at Ragho Majra whom he knew well for the last one and a half years had come. He (Gurinder Singh alias Ghunna) came and fell on the feet of Sadhu Singh and while crying stated that he had done a great misdeed and he be saved. A year earlier he had met Bakshish Singh during the 'sewa' of Gurdwara Jangi Jatha Sahib and they became good acquaintances and started going and coming to each other's house. It is also stated by Sadhu Singh that Gurinder Singh alias Ghunna had informed him that 5-6 months earlier Bakshish Singh had met Gurinder Singh alias Ghunna at Gurdwara Sahib during Sewa and Bakshish Singh stated that he has to purchase a mobile, however, he has no I.D. Then Gurinder Singh alias Ghunna on the asking of Bakshish Singh gave a photostat copy of his voter's identity card. It was also stated the revenge is to be taken from Baba Rahim, Sirsawale as he had adorned the clothes of Sh. Guru Gobind Singh Ji and by putting 'kalgi' had distributed 'Amrit' and he had thereby shown disrespect to Guru Gobind Singh Ji and the Sikh religion for which revenge is to be taken. On the Cr. Misc. No.M-33310 of 2008 [7] asking of Bakshish Singh whether he (Gurinder Singh alias Ghunna) would do the work assigned to him, he stated the he would. Bakshish Singh had disclosed that a plan had been prepared to kill Baba. Insofar as the petitioner is concerned, it is stated by Gurinder Singh alias Ghunna he had given a room on rent for Rs.2000/- per month for Bakshish Singh and Parveen alias Meena (petitioner) who is studying in Mohindra College, Patiala and was staying with Bakshish Singh those days. In the second week of January, 2008, Parveen alias Meena (petitioner) had shown one black colour bag to Gurinder Singh alias Ghunna in which there was RDX in packets, besides, silver coil and Parveen alias Meena (petitioner) had informed that the RDX bag had been given to her by Bakshish Singh for keeping it and Baba had to be killed with it. The role of the petitioner is that she was living with Bakshish Singh and he had given her a bag in the second week of January, 2008 which is stated to be containing the RDX and silver coils. This was to be used for killing the Baba. The evidence, therefore, against the petitioner is in the nature of an extra-judicial confession made by Gurinder Singh alias Ghunna before Sadhu Singh in the presence of Harminder Singh (PW-7). The value and effect of the said extra-judicial confession is to be considered and gone into by the learned trial Court after evidence has been led and not in the present proceedings for the grant of bail. However, extra-judicial confession as is well known is a weak type of evidence. Besides, in the present case, it appears more in the nature of hear-say evidence and that too before Sadhu Singh in the presence of Harminder Singh (PW-7). The petitioner, as already noticed, is a young girl of 19/20 years. She has been in custody for the last more than a year. Out of the 82 witnesses that have been cited by Cr. Misc. No.M-33310 of 2008 [8] the prosecution, 13 have been examined. The other accused, namely, Hoshiar Singh, Mohinder Singh, Dharminder alias Pinda and Swaran Singh are in custody. Bakshish Singh has not been arrested in the case and is absconding. Keeping in view the role attributed to the petitioner and the nature of evidence, it would be just and expedient that during the pendency of the trial, the petitioner is admitted to bail. Accordingly, the petitioner on her furnishing personal bond and two sureties to the satisfaction of the leaned trial Court shall be admitted to bail. The petitioner shall furnish one surety of a respectable person of her village who shall undertake that while on bail the petitioner shall maintain peace and be of good behavior. April 29, 2009. (S.S. Saron) Judge *hsp*