IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-31353 of 2011 Decided on December 20,2011 Mahal Singh --Petitioner vs. State of Punjab --Respondent AND CRM-M-36527 of 2011 Decided on December 20,2011 Manoj Kumar @ Daroga --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Rakesh Gupta ,Advocate, for the petitioner in CRM-M-31353 of 2011 Mr.Hardeep Singh,Advocate, for the petitioner in CRM-M-36527 of 2011 Mr. K.D.Sachdeva, Addl.A.G, Punjab Mr.C.M.Munjal,Advocate, for the complainant RAKESH KUMAR JAIN,J: (ORAL) This order shall dispose of two petitions bearing CRM-M- 31353 of 2011 Mahal Singh Vs. State of Punjab (hereinafter referred to as the first petition) and CRM-M-36527 of 2011 Manoj Kumar @ Daroga Vs. State of Punjab (hereinafter referred to as the second petition) as both have arisen from FIR No.105 dated 25.5.2010, registered under Sections 364- A,325,365,328,323,120-B of IPC, to which Sections 325 and 201 IPC were added later on, at Police Station Patran, District Patiala. CRM-M-31353 2011 -2- Suraj Bhan has alleged in the FIR that he was called by Raj Kaur to her house who was in need of `25,000/-. Mahal Singh (petitioner in the first petition) came there in white coloured Swift Car alongwith five persons and had started beating him and after tying his hands and feet made him unconscious forcibly. The kidnappers had asked for `35,00,000/-which was settled at `25,00,000/- and he was released after the money was paid but during his confinement, he was beaten and tortured. Learned counsels for the petitioners have submitted that Mahal Singh petitioner (in the first pettion) is in custody from 27.5.2010 and Manoj petitioner (in the second petition) is in custody from 27.6.2011. It is submitted that the other co-accused, namely, Raj Kaur has been released on bail in CRM-M-30422 of 2010 on 05.1.2011, Sanjay Kumar from whom a sum of ` 15,00,000/- was recovered has been released on bail in CRM- M- 30176 of 2010 by a Coordinate Bench of this Court on 5.1.2011, Partap Singh @ Chhota Palu has been released on bail vide order dated 2.11.2011 in CRM-M-28607 of 2011 and Inder Singh alias Nanha has been released on bail in CRM-M-22791of 2011 on 6.9.2011. It is further submitted that role of the present petitioners are more or less the same. Moreover, the complainant and material witnesses of the prosecution have already been examined. In reply, it is submitted by learned counsel for the State and the counsel for the complainant that Mahal Singh, petitioner (in the first petition) had kidnapped the complainant, Manoj Kumar @ Daroga, petitioner (in the second petition) was declared a proclaimed offender. He was even convicted for an offence under Section 174-A IPC for a period of six months but since he had already undergone three months and 28 days in CRM-M-31353 2011 -3- custody, his sentence has been ordered to be undergone. It is further submitted that recovery of `1,25,000/- has been effected from the petitioner in the second petition and the complainant is yet to be examined again because the petitioner in the second petition has recently joined the trial. I have heard the learned counsel for the parties and have perused the record from which I have found that the complainant was alleged to have been kidnapped from the house of Raj Kaur who is already on bail and large amount of the alleged ransom has been recovered from the co-accused Sanjay Kumar and Inder Singh who are also on bail. The other two co-accused are also on bail and the material witnesses of the prosecution have already been examined. Hence, keeping in view the facts and circumstances of the case but without making any observation on merit, the present petitions are allowed and both the petitioners are directed to be released on bail on their furnishing personal bonds of `2,00,000/- with two local heavy sureties of the like amount each, to the satisfaction of the learned trial Court who may impose any other condition to ensure the presence of the petitioner during trial. December 20,2011 (Rakesh Kumar Jain) RR Judge