Satnam Singh vs State of Punjab

Arvind Singh Sangwan, J.

Prayer in this petition is for grant of regular bail to the petitioner in FIR No.110 dated 29.05.2017 registered under Sections 18 and 20 of the Unlawful

Activities Amendment Orders Act, 2004 and 25 of the Arms Act at Police Station Phase I, S.A.S. Nagar, Mohali.

Vide order dated 03.04.2018 passed in CRM-M No.47690 of 2017, the regular bail of co-accused â€" Sukhpreet Singh, Jarnail SIngh @ Kala,

Ramandeep Singh @ Sunny and Gaurav Kumar was dismissed by this Court by passing the following order:-

“[1]. Vide this common order, CRM-M No.47690 of 2017 titled Sukhpreet Singh Vs. State of Punjab, CRM-M No.1243 of 2018 titled Jarnail Singh

@ Kala Vs. State of Punjab, CRM-M No.9248 of 2018 titled Ramandeep Singh @ Sunny Vs. State of Punjab and CRM-M No.6524 of 2018 titled

Gaurav Kumar Vs. State of Punjab are being disposed of. Common facts are being noticed as all the petitions have arisen out of the same FIR.

[2]. Petitioner(s) seek grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.110 dated 29.05.2017 registered under Sections 25/54/59

of the Arms Act and Sections 18, 19 and 20 of Unlawful Activities (Prevention) Act 1967 at Police Station Phase I, SAS Nagar Mohali. A report

under Section 173 Cr.P.C has been submitted in the aforesaid FIR.

[3]. On 29.05.2017, the police party was present at bus stand, Phase 6, Mohali for checking bad elements. The secret information was given to the

Inspector that Harvarinder Singh son of Balwant Singh, Amritpal Kaur @ Amrita wife of Kulwinder Singh @ Golu, Randeep Singh son of Tirath

Singh, Jarnail Singh @ Kala son of Bachan Singh and Satnam Singh who are active members of Babbar Khalsa organization are conspiring to come to

bus stand of Phase 6, Mohali with illegitimate weapons to commit some big incident. Gaurav Kumar son of Suresh Kumar resident of village Maniar

who used to supply illegal weapons to aforesaid persons is also coming to bus stand along with illegal weapons. If nakabandi is done, then the

aforesaid persons can be held along with illegal weapons. The information was found to be worthy of reliance and the case was registered against the

aforesaid persons. Accused Harvarinder Singh and Amritpal Kaur @ Amrita were arrested. One pistol of .32 bore, 3 live cartridges and 3 letter pads

of Babbar Khalsa International were recovered from Harvinder Singh. On 30.05.2017, Randeep Singh was arrested from whom two letter pads of

Babbar Khalsa were recovered. Jarnail Singh was arrested from whom 2 letter pads of Babbar Khalsa were recovered. On 31.05.2017, during

interrogation accused Randeep Singh got recovered 9 MM pistol along with 3 live cartridges. On 31.05.2017, accused Satnam Singh was arrested

from whom 5 letter pads of Babbar Khalsa were recovered. On 04.06.2017, accused Ramandeep Singh and Parminder Singh were arrested. Three

live cartridges of 9 MM pistol were recovered from accused Ramandeep Singh and 1 pistol 9 MM and 2 live cartridges were recovered from accused

Parminder Singh. On 15.06.2017, accused Gaurav Kumar was arrested from whom 9 MM pistol was recovered. Accused Sukhpreet Singh was

arrested on 16.06.2017. Accused Tarsem Singh and Mohkam Singh were arrested on 18.07.2017. Bank statements of accused Harvarinder Singh and

Randeep Singh were obtained. The data in respect of social site of accused Randeep Singh and Amritpal Kaur was obtained and was taken in police

custody. On the basis of interrogation of the accused and on the basis of funds sent from abroad to the accused for buying the weapons in committing

crime, Kulwant Singh (USA), Dilawar Singh (Abu Dhabi), Fateh Singh (South Africa), Jarnail Dhillon (Germany), Jarnail Singh (South Africa),

Bhupinder Singh (Sourth Africa), Jarnail Singh (Dubai), Surinder Singh (Portugal), Surinder Singh Babbar (UK), Resham Singh Babbar (Germany,

Chief BK-

G) and Amandeep Singh @ Amanpreet Singh resident of Germany were nominated as accused in this case. The investigation in the case is under

progress qua the complicity of the aforesaid persons. During investigation offences under Unlawful Activities (Prevention) Act were added.

[4]. Learned counsel for petitioner Sukhpreet Singh submitted that FIR was registered on 29.05.2017. Petitioner was arrested on 16.06.2017. No

recovery was effected from the petitioner. Petitioner was named by co-accused Jarnail Singh who was arrested on 30.05.2017. Amandeep Singh is

alleged to have sent an amount of Rs.1 lac to him for purchasing arms, but there is no evidence of purchasing arms. Petitioner is in custody for the last

10 months. There are total 27 prosecution witnesses.

[5]. Learned counsel for the petitioner Jarnail Singh submitted that challan has already been presented on 03.11.2017. Two letter pads are alleged to

have been recovered from the petitioner and those letter pads bear no serial number. Offences under Sections 17, 18 and 19 of the Unlawful

Activities (Prevention) Act are not attracted to the present accused as there is no allegation of harbouring. Whether petitioner is member of banned

organization would be subject matter of evidence. Except two blank letter pads, there is no prima facie material to connect the petitioner with the

alleged offence. Petitioner has no criminal background and no other case is pending against him.

[6]. Learned counsel for the petitioner Ramandeep Singh @ Sunny submitted that petitioner was on bail in some previous case under Section 25 of the

Arms Act and Sections 3/5 of the Explosive Substances Act. Petitioner was called by the police and his mobile was seized and he was involved in the

present case.

[7]. Learned counsel for the petitioner Gaurav Kumar submitted that petitioner is not part of any banned organization. Petitioner has been implicated

only on the basis of bank statements and only offence under Arms Act is attracted.

[8]. As against this, learned State Counsel submitted that Gaurav Kumar is resident of Bihar whose full address is not known. He was arrested on

15.06.2017 and 9 MM pistol was recovered from him. He had given four other pistols to other coaccused. He is supplier of illegal arms to the member

of banned organization. He supplied one pistol to Harvarinder Singh, one pistol to Amritpal Kaur @ Amrita, one pistol to Randeep Singh and one pistol

to Parminder Singh. One pistol was recovered from Gaurav Kumar. Learned State Counsel further submitted that Sukhpreet Singh and Jarnail Singh

@ Kala are of the same village. Sukhpreet Singh was named by Jarnail Singh @ Kala in his disclosure statement. Jarnail Singh @ Kala was named in

the FIR who was arrested on 30.05.2017. The inter se call details with nationals foreigners have been collected by the police. Only 11 accused have

been arrested so far. Accused Sukhpreet Singh received Rs.1 lac from Amandeep Singh of Germany for purchasing Arms for Gaurav Kumar.

Facebook accounts of Ramandeep Singh @ Sunny and Amritpal Kaur @ Amrita were found opened. Facebook and WhatsApp connection of

accused Ramandeep Singh @ Sunny were found with others. 9 MM pistol along with 3 cartridges were recovered from Ramandeep Singh @ Sunny.

Name of Ramandeep Singh @ Sunny was disclosed by co-accused Amritpal Kaur @ Amrita whose name was also desclosed in the disclosure

statement of Gaurav Kumar from whom illegal weapons used to be purchased by the members of banned organization. Out of total 4 pistols, 1 pistol

was recovered from Ramandeep Singh @ Sunny. The case is still at the stage of framing of charges.

[9]. The complicity of the petitioners keeping in view the serious allegations at this stage would be determined with reference to material on record. In

view of material collected by the police till date, where involvement of some foreign-nationals was also alleged, this Court does not find any plausible

ground to accept prayer of the petitioner(s) for grant of regular bail.

[10]. In view of aforesaid, at this stage, without meaning anything on the merits of the case, the prayer of the petitioners for grant of regular bail is

declined. The present petitions are accordingly dismissed.

[11]. Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case.â€​

Counsel for the State, on instructions from ASI Gurpratap Singh, has submitted that the petitioner is also an activist of the aforesaid banned

organization.

In view of the above, counsel for the petitioner seeks permission to withdraw this petition.

Dismissed as withdrawn.