Punjab & Haryana High Court Grants Bail To Man Accused Of Having Links With Pakistan Intelligence, Creating Communal Tension In Punjab

The Punjab & Haryana High Court has granted bail to a man accused of having links with agents of Inter-Services Intelligence of Pakistan, who was allegedly targeting people for ransom in Punjab for creating communal tension.

Observing that further incarceration of the petitioner is not required, the bench of Justice Jagjit Singh Bedi said, "The veracity of the prosecution case against the petitioner shall be adjudicated upon during the course of trial. Admittedly, the petitioner is in custody since 28.07.2022 and none of the 14 prosecution witnesses have been examined so far. Therefore, the trial of the present case is not likely to be concluded anytime soon. Some of his co-accused including Shahrukh Khan have also been granted the concession of bail."

The petitioner Sumit Kumar was booked under Sections 384, 153, 153-A, 120-B, 212, 216 IPC and Section 25 of the Arms Act, 1959 and Sections 3, 4, 5 of the Explosive Substances Act, 1908 in 2022.

According to the prosecution Kumar and co-accused Shahrukh Khan were in contact touch with Arshdeep Singh alias Arsh Dala and Gurjant Singh alias Janta against whom a number of cases were pending, had gone abroad on fictitious passports and were indulging in illegal activities in connivance with the agents of the ISI-Pakistan. They had allegedly supplied a heavy quantity of arms and ammunition to their accomplices in India and were targeting the people for ransom with an intention to create communal tensions in Punjab, they alongwith the agents of the ISI were likely to target the leaders of religious associations and political parties thereby disturbing peace in the society.

The petitioner along with co-accused Khan had been promised a payment of Rs.8 lacs by Arsh Dalla and Gurjant Singh. In July 2022, the petitioner and Shahrukh Khan were roaming at the Airport road on a motorcycle and started to come to collect ransom from some persons at the asking of Arsh Dalla.

It was prosecution case that during search of Shahrukh Khan, one .315 bore loaded with one live cartridge alongwith two other live cartridges came to be recovered from him. Similarly, from the petitioner one pistol .32 bore pistol having four live cartridges in it were recovered.

During the investigation, the petitioner and his co-accused allegedly revealed that they had been in contact with Arsh Dalla and were to kill a person in Mohali for a sum of Rs.8. Thereafter, certain other persons were also to be targeted, said the prosecution.

The counsel for petitioner argued that there is no offence whatsoever that has been committed other than under the Arms Act and the FIR is based on suspicion.

 On the other hand, the counsel for state submitted that State the petitioner is a part of large gang indulging in anti-national activities. Therefore, the nature of the allegations levelled against him did not entitle him to the grant of bail.

 Considering the submissions, the Court allowed the bail plea stating that the trial is not likely to be concluded anytime soon. 

The Court also directed petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing each time that he is not involved in any other crime other than the cases referred to in this order.

Case Title: Sumit Kumar v. State of Punjab

Citation: 2023 LiveLaw (PH) 164

Appearance: Vikas Soonak, Advocate for the petitioner.

Kirat Singh Sidhu, DAG, Punjab.

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