P&H High Court Grants Bail To 23 Y/O Student Accused Of Funding & Supplying Arms, Ammunition To Separatists At ISI’s Instance

The Punjab and Haryana High Court recently granted bail to a 23-year-old student who has been accused of funding and supplying arms and ammunition to separatists at the instance of the Pakistani Agency ISI so as to target the leaders of religious organizations and political leaders to disturb peace and tranquillity in Punjab.

The bench of Justice Arun Monga noted that no useful purpose would be served to keep the petitioner (Gurlal Singh @ Lali), who was apprehended at the airport when he was leaving India last year in August, in further preventive custody.

"Petitioner is being kept in preventive custody merely on an unfounded suspicion that if he is let out, he may either tamper with evidence and/or influence witnesses. There is no probability of tampering with evidence as the same has already been seized by the investigating agency," the Court observed as it granted him bail. 

The facts in brief

Essentially, the petitioner, along with 3 known and several unknown persons, have been accused of funding and providing arms and ammunition to separatists at the instance of ISI. Accusing them of being followers of Khalistan ideology, the state police lodged an FIR against them under sections 153, 153-A, 212, 216, 120-B IPC, Section 21 of the NDPS Act and Section 25 of the Arms Act.

The petitioner was intercepted by the state police on August 23, 2022, when he was in the process of going abroad and €2200 was found in possession of the petitioner. He was sent to jail on the same day.

Before the Court, the petitioner's counsel argued that he is a 23-year-old young student, who wanted to study further in Canada, where he had though secured admission, but was apprehended at the airport when he was leaving from India. It was also contended that the petitioner has nothing to do with alleged illegal activities.

Lastly, it was submitted that nothing is to be recovered from him and no useful purpose would be served by keeping him behind bars and that the co-accused of the petitioner, who have been attributed similar role as the petitioner, have already been given bail by the HC in May this year.

Against the backdrop of these submissions made by the Counsel for the petitioner, on the query of the Court, the State counsel submitted that a challan has been presented, but charges are yet to be framed. The Investigation is complete qua petitioner, and thus, he is not required for custodial interrogation.

In view of this, the Court further observed thus:

"Bail allows an accused to maintain his freedom until his guilt or innocence is determined. Allegations against the petitioner are a matter of trial at this stage. The conclusion of the trial is still likely to take a long time as it is proceeding at a snail's pace. It is stated that there are a total of 22 witnesses, out of them none has been examined since charges are not framed so far."

Lastly, noting that the co-accused of the petitioner have been granted a concession of bail and yet, the petitioner, whose case is on a much higher pedestal, as is the argument of his counsel, is in jail, the Court found it appropriate to release the petitioner on bail.  

Case title - Gurlal Singh @ Lali vs. State of Punjab [CRM-M-9325-2023 (O&M)]

Case Citation: 2023 LiveLaw (PH) 140

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