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Judgment
Avneesh Jhingan, J
The matter is taken up for hearing through video conference due to COVID-19 situation.
The prayer is for grant of bail in case FIR No. 81 dated 30.6.2020 under Sctions 323, 427, 34 IPC (Section 307 IPC added later on) and Sections 3
and 4 of Explosive Substances Act, 1908 registered at Police Station Baghapurana, Moga.
FIR was registered at the instance of Chhotu Ram Thakur @ Phully Thakur. It was stated that his nephew Gurdeep Singh @ Sonu Thakur was
employed with DTDC Courier International Services at Nihal Singh Wala. His father also worked there but he was ill and hence nephew used to take
him to the head office of DTDC at Bhagat Singh Markit Moga. On 30.6.2020 they brought 5 big parcels and 3 small parcels in a bag. They carried the
same on motor cycle bearing registration No. PB-69-C-5807. On their way, they stopped and the complainant started smoking Birhi. When he was
clearing the ash suddenly a blast took place and caused injury in his right calf. Somebody had kept the blast material under the brick. There was an
extra judicial confession made by the petitioner before Sukhminder Singh, retired Home Guard Personnel.
Mr. Vishavdeep Singh Rana, learned counsel for the petitioner submits that the petitioner was not present at the spot; he has not been specifically
named in the FIR; no recovery is to be made; the petitioner is behind bars since 4.7.2020 and the challan has been presented.
Ms. Samina Dhir, learned Deputy Advocate General, Punjab opposes the prayer and states that there are serious allegations. She submits that
Gandhak (sulphur) and Sora was used as explosive material, during investigation it was found that the material was actually placed in front of shop of
one Raju and it was accidentally that the complainant got injured in the explosion.
Considering that the petitioner is in custody since July 2020; no recovery is to be made; investigation is complete and conclusion of trial would take
time, the petitioner is directed to be released on bail subject to his furnishing of surety bonds to the satisfaction of Chief Judicial Magistrate/Duty
Magistrate concerned.
The petition is disposed of.
It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.