Crl. Misc. No.M-21804 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-21804 of 2010 Date of decision: 25.11.2010 Gurpreet Singh .. Petitioner Versus State of Punjab and others .. Respondents Present:- Mr.Navkiran Singh, Advocate, for the petitioner. * * * * S.S. SARON, J. The present petition has been filed for directing the respondents to ensure the life and liberty of the petitioner during the transit of the petitioner from Nabha Jail to the Court in which he has to appear from time to time. A further prayer has been made that respondent No.2 should ensure that the petitioner be taken in hand-cuffs as the petitioner apprehends that the Police might show his false encounter or false escape from custody. The petitioner is in judicial custody at Nabha Jail since 2007. He is involved in 6 cases, the details of which are mentioned in para 1 of the petition. The petitioner was taken on police remand from Nabha Jail and he remained under Police remand from 29.12.2009 to 02.01.2010 in case FIR No.25 dated 25.03.2009, registered at Police Station Kotwali Nabha, for the offences under Sections 302 and 34 IPC. He was, however, found innocent and the police has moved for his discharge. He was again taken in Police custody and remained under Police remand from 20.03.2010 to 23.03.2010 in case FIR No.22 dated 27.02.2010, registered at Police Station Sadar Nabha, for the offences under Sections 302 and 34 Crl. Misc. No.M-21804 of 2010 ::2:: IPC. He was, however, found innocent and the police has moved for his discharge. The petitioner was also taken on Police remand in some other cases as well i.e. in case FIR No.79 dated 19.3.2010 registered at Police Station Zirakpur for the offences under Sections 17, 18 and 19 of the Unlawful Activities Act, Sections 3, 4 and 5 of the Explosive Act, Section 25 of the Arms Act and Section 120 B IPC and also in case FIR No.44 dated 27.3.2010 registered at Police Station City Nawanshahar for the offences under Sections 15, 16, 17, 18 and 20 of the Unlawful Activities Act, Sections 3, 4 and 5 of the Explosive Act and Section 120-B IPC. The petitioner was also taken on remand from the jail. According to the learned counsel for the petitioner, the Police has been proclaiming that it would shoot the petitioner in his legs and show that he was escaping from the Police custody or he would be killed in a false encounter. Therefore, the petitioner apprehends danger to his life. During the course of hearing, learned counsel for the petitioner has submitted that whenever the petitioner is taken from jail for his appearance in Courts for the purposes of Police remand, he be taken in hand-cuffs so that the Police does not set up a false story of his escape. Reply by way of affidavit of Sh. Arshdeep Singh, PPS, Deputy Superintendent of Police, Nabha, on behalf of respondents No.1 and 2; besides, reply by way of affidavit of Sh.Manjit Singh Kalra, PPS, Superintendent, Maximum Security Jail, Nabha, on behalf of respondent No.3 have been filed. It is submitted in the reply on behalf of respondents No.1 and 2 that the apprehension of the petitioner that he would be shot by the Police are totally baseless and in fact, the possibility of plan by the petitioner of his escaping from Police custody cannot be ruled out as the petitioner, it is stated, is a hard-core criminal. He had already been Crl. Misc. No.M-21804 of 2010 ::3:: sentenced and convicted for 5 years. The cases which are under trial against him have been mentioned. In the reply filed by Sh.Manjit Singh Kalra, PPS, Superintendent, Maximum Security Jail, Nabha on behalf of respondent No.3, it is stated that whenever the petitioner was taken on production warrants, his medical examination and check up has been got conducted. It is submitted that the petitioner was taken on production warrant from Nabha jail to the Court of SDJM, Nabha on 29.12.2009 and sent back to jail on 2.1.2010. The medical examination from SMO, Civil Hospital, Nabha has been placed on record as Annexure R-1. The petitioner was taken on production warrant from Nabha Jail to the Court of SDJM, Nabha on 20.3.2010 and sent back to jail on 23.3.2010. The petitioner was examined by the Medical Officer, Civil Hospital, Nabha and his medical certificate (Annexure R2) is placed on record. The petitioner was again taken on production warrant to the Court of learned Additional Sessions Judge, Ludhiana on 25.3.2010 and taken on remand by police party, Zirakpur. He was sent back to jail on 31.3.2010. The petitioner was examined by medical Officer, PHC, Derabassi and his medical certificate (Annexure R3) has been placed on record. Learned counsel for the petitioner has submitted that the petitioner has no grievance if his medical examination is conducted. After giving my thoughtful consideration to the matter, it may be noticed that the apprehension of the petitioner is that he would be killed by the Police by showing that he had made an attempt to escape. Sh.Arshdeep Singh, PPS, Deputy Superintendent of Police, Nabha, has stated that the possibility of a plan of the petitioner escaping from Police custody cannot be ruled out as the petitioner is a hard-core criminal. Therefore, the position is that the petitioner apprehends that he would be killed by showing him of making an attempt to escape; while the Police Crl. Misc. No.M-21804 of 2010 ::4:: apprehends that the petitioner may have a plan to escape from custody. The petitioner has himself stated that whenever he is to be taken out, he be taken in hand-cuffs, so that he is not killed in a false encounter by showing that he had made an attempt to escape. In the facts and circumstances, it would be just and expedient that whenever the petitioner is to be taken out of Jail, he be taken in hand-cuffs. The criminal miscellaneous petition stands disposed of accordingly. (S.S. SARON) November 25, 2010 JUDGE sukhpreet