Malkit Singh @ Keetu vs State Of Punjab

MANISHA BATRA, J. (ORAL)

The instant petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail in case arising out of FIR No.196 dated 20.08.2025 registered under Sections 25(8) of Arms Act, 1959 and Sections 3/4/5 of Explosive Substances Act, 1908 at Police Station Lopoke, District Amritsar.

As per the allegations on 20.08.2025, a police party headed by ASI Maninder Singh was performing patrolling duty, when a secret information was received to the effect that the present petitioner, who was in contact with a notorious gangster, namely Harwinder Singh alias Rinda residing in Pakistan and was involved in criminal activities, had picked up one hand grenade, one foreign pistol, and cartridges from a location as per the instructions of the above-named gangster. On the same day, he was going to deliver the above-mentioned pistol, etc., to someone at village Bhachhiwind and could be apprehended. Believing the secret information to be true, a barricade was laid at the informed place. The petitioner was apprehended along with his motorbike. On conducting search, 01 hand grenade, 01 .30 bore pistol (make PX-5 Storm) along with magazine and 10 live cartridges were recovereed from his conscious possession. He was formally arrested. Investigation now stands concluded.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case and a false recovery has been planted upon him. The mandatory provisions of law were not complied with at the time of his arrest. The requisite sanction for prosecution of petitioner under the provisions of Explosive Substances Act has not been taken by the investigating agency. He has suffered incarceration for a period of more than one year. The trial will take considerable time to conclude. His further incarceration would not serve any useful purpose. His antecedents are clean. With these broad submissions, it is urged that he deserves to be extended the benefit of bail.

Per contra, learned State counsel has argued that the allegations against the petitioner are serious in nature. There are chances of his absconding or committing similar offences, if extended the benefit of bail. Requisite sanction has been sought from the authorities concerned for prosecution of the petitioner under the provisions of the Explosive Substances Act. It is, therefore, argued that the petition does not deserve to be allowed.

This Court has heard the rival submissions made by learned counsel for the parties.

The petitioner is alleged to have been found in conscious possession of a hand grenade and illicit weapons. The ingredients for commission of offences punishable under Sections 4 and 5 of the Explosive Substances Act are prima facie attracted against him. The punishment for these provisions may extend up to 20 years/life imprisonment.. It is well-settled proposition of law that grant of bail is a discretionary relief to be granted or denied based on specific facts and circumstances of each case. The factors such as nature of accusations, severity of punishment if the accusations entail a conviction and nature of evidence in support of accusations are to be seen. That apart, reasonable apprehension of tampering with evidence or threatening the material witnesses is also to be weighed. Frivolity of prosecution should always be considered, and it is only the element of genuineness that has to be considered in the matter of grant of bail. Taking into consideration the gravity of the allegations and the attendant facts and circumstances, this Court is of the considered opinion that the petitioner does not deserve to be extended benefit of bail. Accordingly, finding no compelling ground to allow the present petition, the same is dismissed.

It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner.

Since the main petition has been dismissed, pending application, if any, is rendered infructuous.