Kulbir Singh vs State of Haryana

M.L. Singhal, J.

Heard. According to the prosecution, on 15.12.1995 ASI Mohinder Singh alongwith Constable Vijay Bhan was present at Matheri Chowk in connection with patrolling. At about 11.30/11.45 p.m. a tractortrolley came towards Matheri Chowk. ASI Mohinder Singh signalled the tractortrolley to stop as there was suspicion that explosive material was being carried in that tractortrolley, besides fire arms and ammunitions. Constable Vijay Bhan went near the tractortrolley. One of the occupants of the tractortrolley fired on him. There were 5 occupants in the trolley. The coaccused took possession of the carbine and magazine from Constable Vijay Bhan. Constable Vijay Bhan died at the spot with gun shot injury. Tractortrolley was found to be loaded with 161/2 kgs of RDX. 30 kgs. of RDX, was recovered from a pond of village Matheri. 6 kgs. of RDX, according to the prosecution, was recovered from the possession of Kulbir Singhpetitioner. From the possession of Jagtar Singh Hawara, 11 kgs. of RDX, from the possession of Hakim Singh 6 kgs. of RDX and from the possession of Gurmit Singh 4 kgs of RDX was recovered.

So far as Kulbir Singhpetitioner is concerned, there is no allegation that he participated in the murder of Constable Vijay Bhan or in the murderous attack on ASI Mohinder Singh. Allegation against him is that 6 kgs. of RDX was recovered from his possession.

Learned counsel for the petitioner submitted that the petitioner has been in jail for the last 3 years and the trial is not yet over. He further submitted that pretrial detention should not degenerate into being punitive.

Learned AAG Haryana on the other hand submitted that the petitioner was involved in the conspiracy to eliminate Sh. Bhajan Lal, the then Chief Ministry, Haryana. He submitted that RDX was to be laid on the route on which he was likely to be travelling. Learned counsel for the petitioner submitted that there is no evidence to sustain this allegation. He further submitted that the recovery of RDX is also based on the statement of police officials. Learned AAG, Haryana submitted that RDX could have been used in the manufacturing of bombs and the bombs would have been security hazard of the State.

Looking to the long incarceration of the petitioner in Jail without the trial concluding in the near future in view of voluminous evidence relied upon by the prosecution to sustain the charge, I think bail should be allowed to the petitioner. So, bail to him to the satisfaction of Chief Judicial Magistrate, Chandigarh.