IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34415 of 2009 Date of decision : 9.12.2009 Om Parkash and Others …. Petitioners Versus State of Haryana …. Respondent and Crl. Misc. No. M-34418 of 2009 Date of decision : 9.12.2009 Balbir Singh …. Petitioner Versus State of Haryana …. Respondent Present: Mr. R.S. Cheema, Senior Advocate with Mr. Vinod S. Bhardwaj, Advocate for the petitioners. Mr. Pawan Singh, AAG, Haryana. Mr. Jatinder Dhanda, Advocate for the complainant. **** S.S. SARON, J. This order will dispose of Crl. Misc. No.M-34415 of 2009 and Crl. Misc. No. M-34418 of 2009. The petitioners in both the petitions (i.e. Crl. Misc. No. M-34415 of 2009 and Crl. Misc. No. M-34418 of 2009) seek pre- arrest bail in a case registered against them for the offences under Sections 302/34 IPC in which the charge report (challan) has been filed under Sections 304/34 IPC. Crl. Misc. No. M-34415 of 2009 and [2] Crl. Misc. No. M-34418 of 2009 Case FIR No.750 dated 30.7.2009 (Annexure P3) was registered at Police Station Sadar Hisar for the offences under Sections 302/34 IPC on the statement of Subash who 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 Raghubir – a Police official and other Police officials 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 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 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 one Raghubir, a police official of Barwala was also an accused. All Crl. Misc. No. M-34415 of 2009 and [3] Crl. Misc. No. M-34418 of 2009 of them had murdered Krishan Kumar, brother-in-law of the complainant by joining hands 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, Baburam SHO Barwala and ASI Raghubir, Police Station Barwala for further investigation. During investigation, Krishan Kumar was tortured by Balbir Singh, Inspector CIA (petitioner in Crl. Misc. No.M-34418 of 2009) as also EASI Rattan Singh, EASI Shamsher Singh, EASI Om Prakash and Constable Jaspal Singh (petitioners in Crl. Mics. No.M- 34415 of 2009). The said petitioners 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, Raghubir ASI 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 gathered 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 observed by the learned Judicial Magistrate Ist Class that the Crl. Misc. No. M-34415 of 2009 and [4] Crl. Misc. No. M-34418 of 2009 statement of co-accused Kuldeep corroborated by Babu Ram Inspector, Raghubir Singh ASI, EHC Jagmender Singh and HC Ashok Kumar of Police Station, Barwala authenticate the injuries suffered by the deceased Krishan @ Karru as mentioned in the post- mortem report, which fact coupled with his (JMIC’s) own personal examination of the dead body of the deceased showed that the cause of death of Krishan Kumar @ Karru was not natural but on account of injuries sustained by him as opined by the Board of Doctors of PGIMS, Rohtak in the post-mortem report. Keeping in view the nature of allegations and the material on record as also the statement of Kuldeep @ Munna, no ground for grant of pre-arrest bail in the facts and circumstances is made out. Accordingly, the Crl. Misc. No.M-34415 of 2009 and Crl. Mics. No.M-34418 of 2009 are dismissed. However, the petitioners in both the petitions (i.e. Crl. Misc. No. M-34415 of 2009 and Crl. Misc. No. M-34418 of 2009) in case they surrender before the Court within five days from the receipt of copy of this order, their applications for regular bail shall be considered by the Court of competent jurisdiction as expeditiously as possible and preferably with five days thereafter. (S.S. SARON) JUDGE December 9, 2009 amit