CRM M-15920 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM M-15920 of 2009 Date of Decision: 21.8.2009 Anil Kumar ..Petitioner. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.H.N.Sahu, Advocate for the petitioner. Mr.Partap Singh, Sr.DAG Haryana. RAKESH KUMAR JAIN, J. This is an application for anticipatory bail in case registered vide FIR No.62 dated 18.6.2008 under Sections 302/201/34 IPC at Police Station Kherki Daula, Gurgaon. In brief, the case of the prosecution is that on 18.6.2008, Manni lodged a report with the police that on 28.4.2008 he received a telephonic message from Monu, who wanted to talk to his son Tanna @ Shenshan. The said person talked Tanna and offered the job of driving truck. Manni objected to it but despite protest, Tanna along with one Rahul who happened to be his neighbour, went to meet Monu near Haveli Ram Hotel, Gurgaon. Monu took them in truck No.HR 56-6417 and told Tanna that now onwards he has to drive his truck. Rahul told him that in the evening two more persons, namely, Balbir Singh son of Mange Ram resident of Jind and Mohinder Singh resident of Jind came there and gave beatings to Tanna & CRM M-15920 of 2009 -2- Rahul and pulled them down from the truck. On hearing the noise, Randhir son of Devi Sahay resident of Kherki Daula stopped them and offered them food and thereafter Mohinder Singh and Balbir Singh asked Rahul to sleep on the roof of the godown whereas Tanna was made to sit there. Thereafter, Tanna is missing. When he contacted Mohinder Singh and Balbir Singh about his whereabouts on telephone, they did not give any satisfactory reply and disconnected the phone. He then lodged a report at Thana Kherki Daula on 16.6.2008 about his son having been missing and on 18.6.2008, he came to know from his relative that Balbir Singh left his house after vacating it. Thus, he raised his suspicion against Balbir Singh, Mohinder Singh and Monu. On the basis of this FIR, investigation was carried out and three persons, namely, Balbir Singh, Mohinder Singh and Jai Bhagwan were tried by Sessions Case No.69/2008 before Additional Sessions Judge, Fast Track Court, Gurgaon. In this trial, the prosecution examined Ram Rattan Constable as PW1, Girish Kumar draftsman as PW2, Manni complainant as PW3, Rahul as PW4 and Ahmad Ali as PW5. As there was no incriminating evidence against the accused, therefore, statements of the accused under Section 313 Cr.P.C. was dispensed with. PW1 Ram Rattan, Constable stated that HC Jai Singh handed over special report to him and to Illaqa Magistrate. Raj Pal PP tendered report Ex.PA of Director FSL Madhuban. PW2 Girish Kumar, draftsman proved scaled site plan Ex.PB. So far as three independent witnesses, namely, PW3 Manni, PW4 Rahul and PW5 Ahmad Ali are concerned, they turned hostile and consequently, case of the prosecution dashed to the ground and vide order dated 12.2.2009, the aforesaid accused persons were CRM M-15920 of 2009 -3- acquitted of the charges of murder of Tanna @ Shenshah. Learned counsel for the petitioner has argued that police pasted, at the house of the petitioner, arrest warrant issued by Illaqa Magistrate vide order dated 22.4.2009. He came to know that it is in connection with the aforesaid murder case as such the petitioner applied for anticipatory bail before Additional Sessions Judge, Fast track Court, Gurgaon vide bail application No.178 of 2009 but the said bail application was dismissed on 23.5.2009. Hence the present application. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case as the complainant and other witnesses have already deposed against prosecution in Sessions Case No.69/2008 in which all the three accused mentioned here-in-above have already been acquitted. It is further submitted that even the dead body of Tanna has been identified only through a shirt in this blind murder case in which the persons who were specifically named in the FIR, have already been acquitted. In response thereto, counsel for the State has argued that it is correct that the deceased was identified through his shirt as the dead body was beyond recognition. He also submits that the petitioner has joined the investigation after he was granted interim bail on 5.6.2009. It is also submitted that with the acquittal of other accused the chain has broken. It is also submitted by the counsel for the petitioner that the petitioner has joined the investigation in terms of the order passed by this Court on 5.6.2009. This fact is admitted by the counsel for the State. In view of the above, the present petition is allowed and order dated 5.6.2009 is made absolute. The petitioner shall keep on joining the CRM M-15920 of 2009 -4- investigation as and when called for. He shall also abide by the provisions of Section 438(2) Cr.P.C. (Rakesh Kumar Jain) 21.8.2009 Judge Meenu