Punjab-Haryana High Court
Ranjit Singh vs State Of Punjab on 17 November, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2023:PHHC:146520
2023:PHHC:146185
CRM-M No. 52231 of 2023 -1-
278
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 52231 of 2023
Reserved on: 14.11.2023
Pronounced on: 17.11.2023
Ranjit Singh
-Pe""oner
Versus
State of Punjab
-Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Ms. G.K. Mann, Sr. Advocate, with
Mr. Anmol Jeevan Singh Gill, Advocate,
for the pe""oner.
Mr. Ravinder Singh, A.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta"on Sec"ons
0024 23.11.2021 State Special 25 of Arms Act, 120, 120-B
Opera"ons Cell, IPC and Sec"on 3, 4, 5 of
Amritsar Explosive Substance
(Amendment) Act
1. The pe""oner who is incarcerated for possessing two pistols one make Bere:a, number of cartridges and two HAND GRENADES upon his arrest in the FIR cap"oned above, has come up before this Court under Sec"on 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2. Facts are being taken from reply dated 31.10.2023 filed by the concerned DySP. The relevant por"on of which reads as follows:-
2. That, the brief facts of the case are that, on 23.11.2021, Sub Inspector Nivritpal Singh received a secret informa on regarding radical inclina on and an -na onal ac vi es of Ranjit Singh s/o Surmakh Singh r/o Sohal PS Jhabal Dist. Tarn Taran. The informer further elaborated that Ranjit Singh got in touch with radical elements based in UK and other countries through social media and helped them forming sleeper cells under the garb of his social work and had recently received funds through different channels and a consignment of arms, ammuni ons and explosives through his UK based contacts. As per the direc ons, Ranjit Singh is planning to carry out disrup ve ac vi es with the help of his associates. The informer further conveyed regarding the presence of the above men oned Ranjit Singh in the area of village 1 of 3 ::: Downloaded on - 18-11-2023 04:56:25 ::: Neutral Citation No:=2023:PHHC:146520 2023:PHHC:146185 CRM-M No. 52231 of 2023 -2- Bundala, near Amritsar-Tarn Taran by-pass and if the area is cordoned properly by different police par es, he can be apprehended and the consignment can be recovered. Therea0er, present case FIR No. 24 dated 23.11.2021 u/s 25 Arms Act, 3, 4, 5 Explosive Substances (Amendment) Act, 2001, 120, 120-B IPC, PS SSOC, Amritsar was registered against above pe oner.
3. That, ac ng on above received informa on, Inspector Sukhbir Singh, SI Nivritpal Singh alongwith police party apprehended pe oner Ranjit Singh during nakabandi deployed in the area of Village Bandala, disclosed by the informer. During search of the pe oner Ranjit Singh, 01 Pistol of 9 MM along with 05 live bullets of 9 MM were recovered from his possession.
4. That, during the course of inves ga on, on the disclosure of pe oner Ranjit Singh, 01 Pistol of 9 MM (Bere<a) along with 03 magazines and 20 live bullets of 9 MM and 02 hand grenades were recovered from the tube well room built in his farms at village Sohal, Tarn Taran.
3. Pe""oner seeks bail on the grounds that the evidence has started and the prosecu"on witnesses are not credible, however, State counsel has opposed the bail on the ground that the apprecia"on of the evidence is preroga"ve of the trial Court, not of this Court at the "me of deciding the bail pe""on and if this Court makes any comment on the quality of evidence, it might seriously prejudice the case of the prosecu"on.
4. I fully agree with the stand taken by the State and refrain from commen"ng upon credibility of the witnesses.
5. Be that as it may, the pe""oner was arrested with two HAND GRENADES and one highly sophis"cated pistol Bere:a. Needless to say that HAND GRENADES are used to create chaos and massive destruc"on in the society. These are the lethal weapons which are dangerous even at war "me. There was no purpose for the pe""oner to carry such weapons, except to lead an inference that his inten"on was to launch a war against the State.
6. Since the recovery witnesses are police officials is also not a ground to give bail to the pe""oner in the en"rety of facts and circumstances of the case.
7. Pe""oner is not even en"tled to bail on the ground of pre-trial custody because of heinous nature of offence and nature of weapons which were recovered from him. The sentence which can be imposed in the sec"ons cap"oned in FIR can extend upto 20 years in one of the offence.
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8. No ground for bail is made out.
9. Pe""on stands dismissed. All pending applica"ons, if any also stands disposed of.
17.11.2023 (ANOOP CHITKARA)
Jyo& Sharma JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:146520
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