IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M -2612 of 2010 Date of decision : 4.3.2010 Raghbir …. Petitioner Versus State of Haryana …. Respondent Present: Mr. J.S. Bedi, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 30.7.2009 for the offence under Sections 302/34 Indian Penal Code (“IPC” – for short). However, the final report was filed by the Police for the offence under Section 304/34 IPC. The prosecution case is that Krishan Kumar (brother-in- law of the petitioner) died in the custody of CIA Staff, Hisar. The motive for the murder it was stated that on 17.7.2009, Krishan Kumar (deceased), Kuldeep, Zile Singh and Dhola @ Satbir had gone to Haridwar. They reached Amabla Station and after that Krishan Kumar (deceased), Kuldeep and Dhola @ Satbir had returned to their village Balak, but Zile Singh did not return. In this regard Satwan Crl. Misc. No. M -2612 of 2010 [2] son of Chandan, Bijender son of Balwan, Sarpanch, Shri Gopal son of Pirthi Patwari, Jaipal son of Dalipa, Dhera son of Banwari and Ramlal son of Ramdhari all residents of village Balak had submitted a false application against Krishan Kumar (deceased) and others. Learned counsel for the petitioner has referred to the magisterial inquiry report conducted by the learned Judicial Magistrate Ist Class, Hisar wherein the statement of Kuldeep @ Muna was recorded in which it was stated that officials of the CIA Staff, Hisar were responsible for the custodial death of Krishan. It is submitted that the petitioner has not been attributed any role in causing beating of Krishan Kumar (deceased). Moreover, the petitioner was posted at Police Station Barwala and is not connected with the death of Krishan Kumar (deceased). In response, learned State counsel has submitted that the case relates to the death in custody of the police and the petitioner was one of the police officials who went along with SHO, Police Station Barwala and arrested Krishan Kumar (deceased) and later said Krishan Kumar died while in police custody. Therefore, the petitioner is not entitled to the concession of bail. The case relates to the death of Krishan Kumar in the precincts of the CIA Staff. The complainant Subash has alleged that on 29.7.2009, he had gone to the house of his sister Mukesh wife of Krishan Kumar who lives in the ‘dhani’ (out house in the fields). The complainant along with his father Mahender and his brother-in-law Krishan were irrigating the fields of his elder brother-in-law Chander Lal. In the meanwhile, Babu Ram SHO, Police Station Barwala along with the petitioner ASI Raghbir and other Police officials Crl. Misc. No. M -2612 of 2010 [3] accompanied by Satyawan, Bijender, Gopal, Jaipal, Chhara and Ramphal who were traveling in a separate Tata Indica vehicle came there and they misbehaved and insulted the complainant side. The complainant side requested them not to do so but they paid no heed. Thereafter, Krishan Kumar (deceased) and maternal uncle of the complainant namely Kuldeep were forcibly taken to the Police Station. On 30.7.2009 at 11.00 am, the complainant Subash inquired from Police Station Barwala about his brother-in-law Krishan Kumar and maternal uncle of the complainant namely Kuldeep. In the meantime, the complainant’s nephew Bijender received a telephone call that Krishan Kumar had died. The complainant and his nephew then visited Civil Hospital, Hisar and saw the dead body of Krishan Kumar which had a broken neck, arm and legs besides other injuries on the body. SHO Babu Ram, Police Station Barwala and other police officials as also other public persons, it is alleged, had kidnapped Krishan Kumar and the police officials of CIA staff were responsible for the death of the complainant’s brother-in-law Krishan Kumar and ASI Raghbir (petitioner), a police official of Barwala was also an accused. All of them had murdered Krishan Kumar, brother- in-law of the complainant by getting together with each other. A supplementary statement of Subash was recorded on 29/30.9.2009 in which he stated that his brother-in-law Krishan Kumar and his maternal uncle namely Kuldeep were brought to CIA Staff, Hisar by Inspector, Babu Ram SHO Barwala and the petitioner ASI Raghbir, Police Station Barwala for further investigation. During investigation, as per prosecution case it has come out that Krishan Kumar was tortured by Balbir Singh, Inspector CIA Crl. Misc. No. M -2612 of 2010 [4] as also EASI Rattan Singh, EASI Shamsher Singh, EASI Om Prakash and Constable Jaspal Singh. The said accused had tortured Krishan Kumar, brother-in-law of the complainant. The complainant- Subash had verified about the death of Krishan Kumar at his own level. The death of his brother-in-law Krishan Kumar had occurred due to beating and torture caused by Babu Ram Inspector, Raghbir ASI (petitioner) and the above-mentioned persons. The statement of one Kuldeep @ Munna has been recorded by the learned Judicial Magistrate Ist Class, Hisar who inquired into the matter in terms of Section 176 CrPC as the death of Krishan Kumar had occurred while in custody of the Police. The inquiry report of the learned Judicial Magistrate Ist Class records that it appears that Krishan @ Karru expired on 30.7.2009 at noon time while he was in the custody of CIA Staff, Hisar. As per the evidence of officials/doctors at General Hospital, Hisar, Krishan @ Karru was brought dead. The post- mortem on the dead body was conducted by a Board of Doctors of Post Graduate Institute of Medical Sciences (“PGIMS” – for short), Rohtak on 31.7.2009. It is, however, accepted that the petitioner was a police official posted in the Police Station, Barwala whereas the death in the case had occurred in the premises of CIA, Staff, Hisar. The inquiry report dated 10.8.2009 recorded by the learned Judicial Magistrate Ist Class, Hisar has concluded that from the statements recorded during inquiry proceedings and other intending circumstances, it appeared that Krishan Kumar @ Kalu (deceased) expired on 30.7.2009 in noon time while he was in custody of CIA Staff, Hisar. As per the evidence of the officials/doctors collected at the General Hospital, Crl. Misc. No. M -2612 of 2010 [5] Hisar, Krishan Kumar @ Kalu was brought dead. It is also mentioned that the statement of Kuldeep, co-accused corroborated by Babu Ram, Inspector, Raghbir, ASI (petitioner), EHC Jagminder and HC Ashok Kumar of Police Station Barwala authenticate the injuries suffered by the deceased Krishan Kumar as mentioned in the post-mortem report. It may be noticed that there are seven accused in the case. The petitioner and inspector Babu Ram, SHO, Police Station Barwala are from Police Station Barwala while the other five officials namely Balbir Singh, Inspector, EASI Rattan Singh, EASI Shamsher Singh, EASI Om Prakash and Constable Jaspal Singh are officials of the CIA Staff, Hisar. Keeping in view the fact that the death had occurred in the premises of CIA Staff, Hisar and the petitioner may not be connected; besides, the fact that the prosecution is to establish its case by leading evidence, it would be just and expedient that the petitioner is granted the concession of bail during trial. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Hisar shall be admitted to bail. (S.S. SARON) JUDGE March 4, 2010 amit