C.R.M. No.M-27729 of 2010 (O&M) Haqiqat Rai Chauhan and another Vs. State of Punjab Present : Mr. Sunil Chadha, Advocate for the petitioners. Mr. S.S. Chandumajra, D.A.G., Punjab. AJAY TEWARI, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case F.I.R. No.17 dated 21.02.2010 registered under Sections 3, 4, 5 of the Explosive Substances Act, 1908, Sections 13, 18, 16 and 20 of the Unlawful Activities (Prevention) Act, 1967, Section 25 of the Arms Act and Section 473 IPC, in which challan has been presented under Sections 3, 4, 5 of the Explosive Substances Act, 1908, Sections 11, 13, 16, 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 and Section 473 IPC. Status report filed by way of an affidavit of Arshdeep Singh, D.S.P., Nabha is taken on record. The allegations against the petitioners are that they were involved in anti national activities and there were arranging funds/money to to the actual criminals for instigating the commission of offence. The petitioners were arrested on 23.04.2010 and a sum of Rs.40 lakhs was recovered from their car. They maintain that they got this money to purchase property on somebody else's behalf. On 25.01.2011 the following order was passed:- “Status report has been filed, however, the status report was last filed on 23.04.2010 i.e. the date on which the petitioners were arrested. There is no details forthcoming as to whether any further investigation was carried out or any further link evidence was collected against these petitioners. Learned counsel for the petitioners has C.R.M. No.M-27729 of 2010 (O&M) -2- argued that petitioners have now been in custody for almost 10 months and no progress has taken place towards the trial. On instructions from ASI Harmesh Singh learned Deputy Advocate General, Punjab states that the matter is now fixed for 11.02.2011 and 5 witnesses will be examined on that date. Adjourned to 24.02.2011. Let fresh status report be filed on the lines indicated above on or before the next date of hearing.” As per the status report filed today no further link evidence was available against the petitioners. Apart from that on the instructions from ASI Harmesh Singh learned Deputy Advocate General, Punjab has informed that on the last date only 1 witness could be examined while 3 witnesses were given up and 18 witnesses more remain to be examined. As per ASI Harmesh Singh none of the cited witnesses is a witness against the present petitioners. In view of the fresh status report and in view of the fact that the petitioners have now been in custody for more than 10 months as well as in view of the fact that the trial is not likely to conclude in the near future, without expressing any opinion on the merits of the case I deem it appropriate to enlarge the petitioners on bail. Ordered accordingly. Bail to the satisfaction of the learned trial Court. Petition stands disposed of. ( AJAY TEWARI ) February 24, 2011. JUDGE ashish