Crl.Misc.No.53383-M of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc.No.53383-M of 2005 Date of Decision: 21.1.2008 Mohan Singh .....Petitioner Vs. State of :Punjab and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Anil Kumar Lamdharia, Advocate for the petitioner. Mr.Piyush Kant Jain, Addl. A.G. Punjab. Mr.Vivek Goel, Advocate for respondents no.5 to 8. ... RAJIVE BHALLA, J (Oral) Prayer in this petition is, for cancellation of bail granted by this Court on 8.9.2005. Counsel for the petitioner submits that the respondents were granted bail, pursuant to a statement made by the Assistant Advocate General, Punjab, on instructions from one ASI Mukhtiar Singh, Police Station Sadiq, Distt.Faridkot, to the effect that during investigation, the petitioners were found innocent and, therefore, the police has filed an application for their discharge before the Judicial Magistrate, Ist Class, Faridkot. It was, therefore, asserted that the State does not oppose the grant of bail to the petitioners. It is further submitted that this statement was false to the knowledge of the ASI, as on 8.9.2005, the application for discharge of the respondents stood dismissed as withdrawn by the Judicial Magistrate, Ist Class, Faridkot, pursuant to a statement made before the said Court by the S.H.O. Mal Singh, Police Station, Sadiq. It is, therefore, submitted that as Crl.Misc.No.53383-M of 2005 2 bail orders were obtained by making a false statement, the present petition be accepted and the bail granted to the respondents be cancelled. Counsel for the respondents, on the other hand, submits that though the statement by Mukhtiar Singh, ASI made before this Court on 8.9.2005 was incorrect, it was made under a mistaken belief that the petition for discharge was still pending. It is further stated that a special investigation team, headed by a Deputy Inspector General of Police, Punjab, had submitted a report absolving the respondents of any wrong doing and an untraced report, filed on 2.10.2006, is pending consideration before the Illaqa Magistrate. In view of the above facts, the bail granted to the respondents should be cancelled but as after re/further investigation, the prosecution has filed an untraced report, which is pending consideration before the Judicial Magistrate, Ist Class, Faridkot, it would not be appropriate at this stage, to cancel the bail. The Judicial Magistrate, Ist Class, Faridkot, is however, directed to decide the untraced report within four months. In case further investigation is ordered, the petitioner would be at liberty to pray for cancellation of bail. Disposed of accordingly. ... On 8.9.2005, ASI Mukhtiar Singh, made a false statement before this Court that the petition for discharge was still pending adjudication before the trial Court. As admitted by counsel for the State of Punjab, the said statement was incorrect, as the application for discharge of the accused already stood withdrawn, pursuant to a statement made by S.H.O. Mal Singh, Police Station Sadiq, Distt.Faridkot on 1.8.2005. It is, Crl.Misc.No.53383-M of 2005 3 therefore, apparent that ASI Mukhtiar Singh, Police Station Sadiq,Distt.Faridkot, made an attempt to mislead this Court. Consequently, let notice to show cause, as to why Contempt of Court proceedings be not initiated against Mukhtiar Singh, ASI, Police Station Sadiq, Distt.Faridkot, returnable on 18.3.2008. Registry is directed to place the papers of this case before Hon'ble the Chief Justice for being placed before an appropriate Bench. 21.1.2008 ( RAJIVE BHALLA ) GS JUDGE