In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-30046 of 2008 ..... Date of decision:22.4.2009 Bhawandeep Singh .....Petitioner v. State of Punjab and another .....Respondents .... (2) Criminal Misc. No.M-30047 of 2008 ..... Bhupinder Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. R.S. Bains, Advocate for the petitioners. Mr. Sudhir Nehra, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. This order will dispose of Criminal Misc. No.M-30046 of 2008 filed by Bhawandeep Singh son of Surinder Singh and Criminal Misc. No.M-30047 of 2008 filed by Bhupinder Singh son of Tarsem Singh as they arise out of the same occurrence. The FIR in the case has been registered on the statement of informant Balbir Singh, SI/SHO, Police Station Dakha, District Ludhiana. It has been alleged that on 2.9.2007 the informant along with other Police Cr. Misc. No.M-30046/2008 & Cr. Misc. No.M-30047 of 2008 [2] officials were present in a Government Gypsy at Mullanpur Chowk. At about 11.30 p.m. the informant received a wireless message from SI Subhash Chander, In-charge, Highway Patrolling Party No.9 that he has apprehended a car at the path which turns towards Dakha. The Police party was asked to reach the spot immediately. The informant Balbir Singh, SI/SHO, along with his colleagues reached the spot where SI Subhash Chander told him that he along with other two Police Constables was on patrol duty and were going from Mullanpur Chowk towards Haweli. They saw one white Esteem Car standing on the Kacha path on the road. A man was sitting on the driving seat of the said car. On suspicion, the car was checked and the person sitting on the driving seat gave his name as Gurpreet Singh son of Tarlok Singh. When the Police party asked him that they wanted to check the car then all of a sudden the young man fled away from the spot. Thereafter, the Police party of Balbir Singh, SI/SHO was informed through wireless and it reached the spot. Balbir Singh, SI/SHO, SI Subhash Chander along with their colleagues searched the Esteem car and found a carry-bag below the front seat on the left side, in which there was a plastic jug. On opening its cover, the RDX wrapped in a polythene bag was found. It along with the plastic jug weighed about 3 Kgs. 530 grams. After making parcels it was taken in possession. Besides, on the rear seat of the car one polythene was lying which was found to contain two small pipes, three small and one big sockets, two reducers, one 'T' socket, six nipples, two adjustable spanner (wrench), two live bullets of 315 bore. These were recovered. On checking the dash-board of the car electric wire of about 50 meters and detonator ramp was recovered. The recovered ramp was kept Cr. Misc. No.M-30046/2008 & Cr. Misc. No.M-30047 of 2008 [3] and in a separate empty box and pullanda had been prepared which was sealed with seal 'DS'. A separate sample seal has been prepared and seal after use was handed over to HC Malkeet Singh. After taking the recovered articles in possession the case was investigated. The allegations against the respective petitioners Bhawandeep Singh son of Surinder Singh and Bhupinder Singh son of Tarlok Singh are that on 23.12.2007 the statement of one Roop Singh son of Geer Singh was recorded under Section 161 Cr.P.C. by SI Balbir Singh, SI/SHO, Police Station Dakha. Roop Singh stated that one Jaswinder Singh Mandiani, who was Member of Eknoor Khalsa Fauj and was his friend had one day introduced him to Gurpreet Singh Khalsa (the person who was apprehended in the car). Gurpreet Singh then asked Roop Singh to meet him on 26.8.2007 at the tube-well near Gurudwara Sahib situated on the road from Village Rurka to Mohi. Roop Singh reached on 26.8.2007 where he met Gurpreet Singh Khalsa. Said Gurpreet Singh held meeting with various persons including the petitioner and one Dilbag Singh Bagga. From their talks Roop Singh came to know that the persons present there had RDX in their possession and they wanted to carry out blasts with the RDX so as to hit special persons. During the meeting Sandeep Singh Herry, Gurpreet Singh, and Sarabjit Singh gave lecture 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 did not meet them due to fear. The other allegations against the petitioner Bhawandeep Singh are that he had been talking on his mobile phone with Sandeep Singh Herry, Cr. Misc. No.M-30046/2008 & Cr. Misc. No.M-30047 of 2008 [4] Bhavdeep Singh, Gurpreet Singh and Gurinder Singh. Besides, he was talking with one Harminder Singh, who is a proclaimed offender in a bomb blast case and also proclaimed offender in the present case. It is also submitted that Bhupinder Singh son of Tarsem Singh is involved in two other cases i.e. FIR No.114 dated 21.10.2007 for the offences under Sections 121, 121-A, 122, 123, 153, 153-A and 120-B IPC as also Sections 3, 4 and 5 of the Explosive Substances Act, 1908 registered at Police Station Sudhar as also case FIR No.124 dated 31.10.2007 for the offence under Section 25 of the Arms Act registered at Police Station Sudhar. It is stated that Bhupinder Singh was arrested in case FIR No.124 dated 31.10.2007 on 31.10.2007. In the present case he has been arrested on 4.1.2008. I have given my thoughtful consideration to the matter. It may be noticed that the allegations against the petitioners are on the basis of statement of Roop Singh son of Geer Singh. According to Roop Singh he was introduced by his friend Jaswinder Singh with one Gurpreet Singh Khalsa. The latter asked Roop Singh to meet him on 26.8.2007 and Roop Singh met him at the tube-well near Gurudwara Sahib situated on the road from Village Rurka to Mohi. There Gurpreet Singh held meeting with Sandeep Singh Herry and Bhavdeep Singh alias Honey and others including the petitioner. In the said meeting, there was a talk going on and Roop Singh came to know that they had RDX in their possession and they wanted to make blasts with the RDX and they wanted to hit special persons. During the meeting Sandeep Singh Herry, Gurpreet Singh and Sarabjit Singh gave lectures and said that they were trying to collect more and more persons for Cr. Misc. No.M-30046/2008 & Cr. Misc. No.M-30047 of 2008 [5] this work. Besides, Sarabjit Singh Ghuman had inspired youths to become human bombs. Thereafter, Roop Singh did not meet them due to fear. There are also telephonic conversations and details of which has been filed with the challan according to which Bhawandeep Singh son of Surinder Singh (petitioner) had made conversation on various occasions with Sandeep Singh Herry, Bhavdeep Singh and Gurpreet Singh Khalsa. Besides, he had made conversations with Harminder Singh, who is proclaimed offender in a bomb blast case as also in the present case. Bhupinder Singh, the other petitioner is accused in two other FIRs. However, the trial in the case is going on. The case for recording the statement of the Investigating Officer in the case is fixed for hearing on 29.4.2008. Therefore, no ground for concession of bail is made out at this stage and the criminal miscellaneous petitions are dismissed. Nothing stated herein shall be construed as an expression of opinion on the merits of the case and the learned trial Court shall consider the evidence and material as adduced before it. Learned counsel for the petitioners during the course of hearing has submitted that despite three opportunities being granted for producing Roop Singh before the trial Court, his statement has not been recorded. Learned counsel for the State has submitted that efforts shall be made to get the statement of Roop Singh recorded. April 22, 2009. (S.S. Saron) Judge *hsp*