Bail granted due to prolonged trial, absence of flight risk, and lack of evidence tampering by the accused.
In a significant development, the Punjab and Haryana High Court has granted regular bail to Mohammad Hanif alias Hanna, the Sarpanch accused of constructing an illegal road to facilitate unlawful mining activities. The decision was made by Justice Sumeet Goel under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner was in custody since October 15, 2025, charged with several offences, including those under the Bharatiya Nagarik Suraksha Sanhita, the Mines & Minerals (Development and Regulation) Act, and the Prevention of Corruption Act.
The illegal road, constructed in the village Basai Meo, allegedly connected Firozpur Jhirka to the hilly regions of Rajasthan, facilitating illegal mining operations. The Central Empowered Committee, appointed by the Supreme Court, reported the construction, noting violations of multiple environmental laws and the unauthorized use of forest and agricultural lands.
The defense, led by Senior Advocate Bipan Ghai, argued that Hanif was falsely implicated and acted in good faith as a Sarpanch, having proposed only a village passage. The defense highlighted that co-accused individuals had already been granted bail and that the trial, involving 117 prosecution witnesses, would be lengthy.
The State opposed bail, citing the grave nature of the allegations. However, the court noted the absence of evidence suggesting a risk of absconding or interference with evidence. Considering the prolonged trial and the bail granted to co-accused, the court deemed further detention unwarranted.
Bail was granted under strict conditions, including non-misuse of liberty, no evidence tampering, and surrendering of passport. Any breach could result in bail cancellation. This decision underscores the court's balanced approach towards individual liberty and judicial process integrity.
Bottom Line:
Grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Petitioner accused of constructing an illegal road facilitating illegal mining activities - Bail granted considering prolonged trial, co-accused granted bail, and no evidence indicating likelihood of absconding or interfering with prosecution evidence.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483; Mines & Minerals (Development and Regulation) Act, 1957, Section 21; Environment Protection Act, 1986, Section 15(1); Punjab Land Preservation Act, 1900, Section 19; Prevention of Corruption Act, 1988, Sections 7, 7A, and 13; Indian Penal Code Sections 409, 420, 268, 447, 379, and 120B.
Mohammad Hanif @ Hanna v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2843421
