Crl. Misc. No. M-6983 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-6983 of 2011 Date of Decision:-16.12.2011 Jangir Singh ...Petitioner VERSUS State of Punjab ..Respondent Present: Mr. G.S. Sandhu, Advocate for the petitioner Mr. Surinder Singh Dhaliwal, Addl. AG, Punjab S.S. SARON, J. Heard learned counsel for the parties. The criminal miscellaneous application has been filed by the petitioner seeking regular bail in a case (FIR) Registered against him on 10.05.2009. FIR No.69 dated 05.10.2009 was registered against the petitioner at Police Station Bhadaur for the offences under Sections 420, 120-B, 193, 194, 195 and 196 IPC in terms of order dated 23.09.2009 passed by this court in Criminal Appeal No. 332- DB of 1998 and Criminal Miscellaneous No. M-35100 of 2009. The Complainant-Nachattar Singh alias Khunda of the said criminal appeal had alleged that his son Jagsir Singh has been missing. On recovery of a dead body it was identified to be that of Jagsir Singh by Gurdev Singh son of Chuhar Singh, Jeeta Singh son Chuhar Singh and Surjit Singh son of Kishan Singh. The accused in the said case regarding murder of Jagsir Singh were convicted by the learned trial Court. In appeal before this Court, Jagsir Singh son of Crl. Misc. No. M-6983 of 2011 -2- Nachattar Singh who it was allegad had been murdered was found to be alive. The petitioner Jangir Singh in the said case regarding murder of Jagsir Singh is said to have produced some the accused before the Police and accordingly deposed before the learned trial Court. According to learned counsel for the petitioner, the petitioner did not identify the dead body of Jagsir Singh. The petitioner was granted bial in the meantime by this court vide order dated 28.04.2011. However, It was observed that Darshan Singh ASI who was one of the accused in the case regarding false implication of the accused for the murder of jagseer Singh was absconding. It was , therefore, directed that the police shall submit the latest position regarding proceedings under section 83 Cr. P.C. against ASI Darshan Singh son of Dhanna Singh who was an accused in the subsequent case regarding false implication of the accused for the mruder of Jagsir Singh and who it was stated had gone to Canada. The case was adjourned from time to time and on 09.09.2011, it was submitted by learned counsel for the State that Darshan Singh though had been declared a proclaimed offender by the learned Judicial Magistrate., Ist Class Barnala vider order dated 14.10.2010 passed in complaint No.3/12.01.2010 titled State (through Additional District and Sessions Judge, Barnala Archana Puri) versus Amar Singh and others. However, the order declaring him as a proclaimed offender had been set aside by the learned Additional Sesssions Judge, Barnala vide order dated 05.07.2011. The copy of the said order was filed in Court and was taken on record. It was further Crl. Misc. No. M-6983 of 2011 -3- stated that Darshan Singh ASI was in Canada. The case was, therefore, adjourned for consideration as to how the criminal revision petition came to be filed by Darshan Singh before the learned Additional Sessions Judge, Barnala against the order declaring him a proclaimed offender when he was in Canada. Besides, the records of criminal revision No.15 of 16.05.2011 titled 'Darshan Singh Sidhu ASI versus State through Archana Puri, Additional Sessions Judge, Barnala' was asked to be requisitioned. The record has been received. A perusal of the record shows that Darshan Singh Sidhu ASI filed his Vakalatnama dated 12.05.2011 which was in favour of Sh. S.S. Rahi, Advocate and was endorsed by the learned Additional Sessions Judge, Barnala on 16.05.2011. In case Darshan Singh Sidhu had signed the Vakalatnama on 12.05.2011 in favour of Sh. S.S. Rahi, Advocate, it was not understood as to how he was in Canada. Learned counsel for the State has however, submitted that an application has been filed by Baljit Singh SI/SHO, Police Station, Bhadaur on 02.11.2011 in the Court of Smt. Amandeep Kaur, JMIC, Barnala in which a prayer has been made for initiating P.O. Proceedings against Darshan Singh Sidhu ASI. An affidavit of Senior Superintendent of Police, Barnala was asked to be filed in this Court explaining the entire position. The Senior Superintendent of Police, Barnala filed an affidavit which was taken on record on 18.11.2011. Learned counsel for the State on instructions from Shri Baljit Singh SHO, Police Station, Bhadaur submitted that Darshan Singh Sidhu ASI (retired) went to Canada in December, 2008 and after that Crl. Misc. No. M-6983 of 2011 -4- he had not returned. The criminal revision No. 15 of 16.05.2011 was filed in the Court of learned Additional Sessions Judge, Barnala in which the vakalatnama dated 12.05.2011 of Darshan Singh Sidhu ASI in favour of Sh. S.S. Rahi, Advocate is on record of the criminal revision petition. Accordingly, notice was issued to Sh. S.S.Rahi, Advocate Barnala to assist this Court and clarify that in case Darshan Singh Sidhu ASI (retired) had been out of the country since December, 2008, then how his vakalatnama dated 12.05.2011 had been filed in the Court of learned Additional Sessions Judge, Barnala on 16.05.2011. In the reply filed by Superintendent of Police, it was submitted that steps were being taken for extradition of Darshan Singh Sidhu ASI (retired). Today when the case was taken up, Mr. S.S.Rahi, Advocate, Barnala has appeared. He has submitted that a relative of Darshan Singh Sidhu had brought the vakalatnama to him and he filed the revision petition before the learned Additional Sessions Judge, Barnala in good faith and he expresses his sincere regrets for the same. Learned counsel for the State has submitted that the order dated 05.07.2011 passed by the learned Additional Sessions Judge, Barnala in the case titled Darshan Singh Sidhu ASI versus State through Archana Puri, Additional Sessions Judge, Barnala whereby the order dt. 14.10.2010 passed by the learned Judicial Magistrate 1st Class Barnala declaring Darshan Singh ASI as a proclaimed offender has been set aside would be assailed in this Court in accordance with law. It may be noticed that learned Judicial Magistrate Ist Class, Crl. Misc. No. M-6983 of 2011 -5- Barnala in complaint No.3 of 12.01.2010 titled State (through Additional District and Sessions Judge, Barnala, Archana Puri) versus Amar Singh, vide order dated 14.10.2010 declared Darshan Singh Sidhu ASI as a proclaimed offender in terms of Section 299 Cr.P.C. The said order was assailed by Darshan Singh through his counsel Sh. S.S. Rahi, Advocate. The revision petition that was filed was allowed by the learned Additional Sessions Judge, Barnala vide order dated 05.07.2011. The question of maintainability of the revision petition on the basis of a vakalatnama filed by Darshan Singh Sidhu ASI in favour of Sh. S.S. Rahi, Advocate need not to be gone into in the present proceedings since the learned State counsel has submitted that he would take steps to assail the said order. Therefore, no further action in this regard is required. Darshan Singh Sidhu ASI was the Investigating Officer in which Jagsir Singh was said to be dead and was found to be alive during the pendency of the appeal in this Court by those who had been convicted by the learned Trial Court. On the directions of this Court, FIR No. 69 dated 05.10.2009 has been registered at Police Station Bhadaur for the offences under Sections 420, 120-B, 193, 194, 195 and 196 IPC against those accused including Darshan Singh Sidhu ASI who were responsible for the false implication of the accused for the murder of Jagsir Singh. Darshan Singh ASI has now gone to Canada. The Senior Superintendent of Police, Barnala has submitted that effective steps are being taken for seeking his extradition from Canada. Therefore, no further direction in this regard is necessary. In the circumstances, bail granted in the meantime to the Crl. Misc. No. M-6983 of 2011 -6- petitioner vide order dated 28.04.2011 is made absolute. Criminal Miscellaneous petition stands disposed of. The records of Criminal Revision No. 15 of 16.05.2011 received from the Court of Additional Sessions, Judge Barnala be returned. A photocopy of the same be kept on the records of the present case. ( S.S. SARON ) JUDGE 16.12.2011 A. Kaundal