CRM-M-15687 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CRM-M-15687 of 2009
DATE OF DECISION: 11.09.2009
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Ashok Kumar . . . . Petitioner
VS.
State of Punjab and another . . . . Respondents
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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Karanjit Singh, Advocate for the petitioner.
Mr.Ranbir Singh Rawat, AAG, Punjab
for the respondent/State
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RAKESH KUMAR JAIN J.
The petitioner has applied for anticipatory bail in case
FIR No.209/2003 dated 17.10.2003 registered under Sections 306,
34 IPC at Police Station City Tarn Taran, District Tran Taran, in
which cancellation report was filed on 15.03.2004 but the Chief
Judicial Magistrate, Tran Taran while declining the cancellation
report has summoned the petitioner under Sections 302, 120-B IPC
vide his order dated 11.12.2008.
Briefly stated, the FIR (Annexure P-1) has been
recorded on the statement of Jagmohan Singh (complainant), who
is the elder brother of Rachhpal Singh (deceased). It has been
alleged that Ashok Kumar (petitioner) is a neighbour of Jagmohan
Singh (complainant). Tarsem Rani, mother of Ashok Kumar,
moved an application dated 4.10.2003 alleging therein that in the
morning when her daughter-in-law went on the terrace, in the toilet
to answer the call of nature, an unknown person had put a parna
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around her neck so as to strangulate her but ran away. She had
the suspicion that the said person who put the parna had come
through the house of Rachhpal Singh (deceased) On 16.10.2003,
Jagmohan Singh (complainant) and his brother Rachhpal Singh
(deceased) went to the Police Station in the enquiry in respect of the
application submitted by Tarsem Rani. Ashok Kumar (petitioner)
and Satpal (non-applicant) threatened Rachhpal Singh (deceased)
that they would beat him as they knew about the person, who had
come to their house because the said person was sent by him
(Rachhpal Singh). It is further alleged that earlier also Rachhpal
Singh (deceased) was forced to depose in a case registered under
Sections 306 and 34 IPC at Police Station Tarn Taran, in which
sister of Ashok Kumar (petitioner) had died. On 17.10.2003 at
about 8.00/9.00 A.M., Jagmohan Singh (complainant) and his
brother Rachhpal Singh (deceased) went to the Police Station in
respect of the complaint. While entering the Police Station
Rachhpal Singh (deceased) fell down due to attack and suffered an
injury on the back of his head. Jagmohan Singh (complainant)
arranged a conveyance and brought him to the Civil Hospital but on
reaching the Civil Hospital, he was declared brought dead. It was
alleged that Ashok Kumar (petitioner) and Satpal (non-applicant)
had threatened Rachhpal Singh (deceased) to depose falsely by
alluring him with money and due to the mental pressure, he died.
The summoning order dated 11.12.2008 (Annexure P-4) has been
passed on a case set up by Jagmohan Singh (Complainant) that on
16.3.2003 his brother Rachhpal Singh (deceased) was called at
Police Station City, Tarn Taran for enquiry. The complainant went
to the Police Station for enquiry as to why he has been called. It
was found that the enquiry was made as some person tried to
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strangulate the wife of the petitioner by scaling wall of the house of
Rachhpal Singh (deceased). It is alleged that on 17.10.2003,
Jagmohan Singh (complainant) along with Rachhpal Singh
(deceased) reached the Police Station, at that time, the M.H.C. told
Jagmohan Singh (complainant) to sit there. However, one constable
and Ashok Kumar (petitioner) took Rachhpal Singh (deceased) to
other room. When Jagmohan Singh (complainant) went inside the
room where Rachhpal Singh (deceased) was taken, he found that
blood was oozing out of Rachhpal Singh (deceased) head and a pool
of blood had formed on the ground. Rachhpal Singh (deceased) was
unconscious. The Police asked Jagmohan Singh (complainant) to
take Rachhpal Singh (deceased) for treatment. Ashok Kumar
(petitioner) is a Police official and was posted as Gunman to SSP,
Tarn Taran. It was alleged that Ashok Kumar (petitioner) and
Satpal (non-applicant) in connivance with the Police killed Rachhpal
Singh (deceased) in the Police Station. The cause of death has been
opined due to Compression of the brain due to subdural
hemorrhage on account of head injury, which is sufficient to cause
death in the natural course of events.
Since, Ashok Kumar (petitioner) was summoned to face
trial under Section 302 read with Section 120-B, through non-
bailable warrants, he applied for anticipatory bail before the Court
below, which was dismissed by the learned Additional District &
Sessions Judge, Tarn Taran vide his order dated 15.5.2009.
At the time of notice of motion, counsel for the
petitioner had relied upon the order (Annexure P-5) to contend that
in case of similarly situated co-accused pre-arrest bail has been
granted by a co-ordinate Bench of this Court.
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Learned counsel for the petitioner has submitted that
the petitioner has already appeared before the Court below in terms
of the order passed by this Court dated 5.6.2009 and has been
admitted to interim bail.
However, learned counsel for the State has vehemently
argued that the case of the petitioner cannot be equated with the
case of non-applicant Satpal, who has been granted bail by this
Court vide its order dated 1.4.2009 (Annexure P-5). In this regard,
he referred to the observations made by this Court in the case
CRM-M-3546 of 2009 titled as “Satpal Sharma Vs. State of Punjab
and another”, which read as under: –
“I have given my thoughtful consideration to the
matter. It may be noticed that the occurrence is of
17.10.2003. The Police investigated the case and
found the petitioner to be innocent. The case was
initially registered for the offence under Section
306 IPC. The main injury is attributed to AshokKumar and not to the petitioner.”
After hearing the learned counsel for the parties, I am of
the considered opinion that since the death of Rachhpal Singh has
occurred within the precincts of Police Station and allegations are
against the petitioner who happens to be in Police Force, I do not
find to be an exceptional case for the purpose of grant of
anticipatory bail.
Hence, the present petition is hereby dismissed.
(RAKESH KUMAR JAIN)
SEPTEMBER 11, 2009 JUDGE
vivek