Rupinder Pal Singh vs State Of Punjab on 3 August, 2009

 CRM No. M-16748 of 2009                                   1


    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                                CRM No. M-16748 of 2009 (O&M)
                                Date of decision: 3.8.2009

Rupinder Pal Singh                                   ...Petitioner
                             Versus
State of Punjab                                      ...Respondent


CORAM:       HON'BLE MR. JUSTICE RAJAN GUPTA

Present:     Mr. Mandeep Sachdev, Advocate, for the petitioner.
             Mr. Shailesh Gupta, DAG, Punjab.
Rajan Gupta, J.

This is a petition praying for grant of regular bail in a case

registered against the petitioner under Sections 364, 392, 506, 120-B/34,

364A, 307, 149 & 148 IPC and 25/27/54/59 of Arms Act, at Police

Station Nurmahal, District Jalandhar, vide FIR No.10 dated 11.01.2008.

Learned counsel for the petitioner has submitted that the

petitioner has been roped in with the aid of Section 120-B IPC. He has

undergone long period of incarceration. In the charge-sheet, no role is

attributed to the petitioner and there is a resolution of Gram Panchayat

dated 12th February, 2008 (Annexure P-6) to show that the petitioner is

totally innocent.

Learned counsel for the State has, however, vehemently

opposed the bail. According to him, present is a case of kidnapping for

ransom. Learned counsel has emphasized that ransom money to the

tune of Rs. One crore was paid for the release of Gagan Mohindru. The

petitioner is in fact brother-in-law of co-accused Jitender Singh, who
CRM No. M-16748 of 2009 2

abducted Gagan Mohindru at pistol point. The abductee was allegedly

lodged in the dicky of the Honda City car. This apart, according to the

counsel trial is nearing its culmination and only one witness i.e.

investigating officer remains to be cross-examined.

I have heard learned counsel for the petitioner and given

careful thought to the facts of the case.

Prima facie, the allegations against the petitioner are very

serious in nature. They are alleged to have abducted a 22 years old boy

namely, Gagan Mohindru in conspiracy with each other, at gun point.

Ransom money to the tune of rupees one crore was paid for release of

the said boy.

I find no ground for grant of bail to the petitioner in wake

of such serious allegations. The pleas raised by the counsel for the

petitioner before this court can only be raised at the stage of arguments

before the trial court. The same have no relevance at this stage. This

apart, the trial is stated to be at its final stage as only one prosecution

witness remains to be cross-examined. In the facts and circumstances of

the case, long incarceration of the petitioner during the pendency of the

trial is also no ground for grant of bail.

Under the circumstances, there is no ground for enlarging

the petitioner on bail during the pendency of trial. The petition is

hereby dismissed.

(RAJAN GUPTA)
JUDGE
August 03, 2009
‘rajpal’