IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CRM No. M-31901 of 2010 Date of decision : 08.2.2011 Bhupinder Singh …. Petitioner Versus State of Punjab and another …. Respondents Present: Mr. H.S. Dhandi, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. Mr. Vipan Mahajan, Advocate for the complainant. *** 2. CRM No. M-31902 of 2010 Makhan Singh …. Petitioner Versus Maninderpal Singh and another …. Respondents Present: Mr. R.S. Rai, Senior Advocate with Mr. Anurag Arora, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. Mr. Vipan Mahajan, Advocate for the complainant. 3. CRM No. M-35082 of 2010 Ajit Singh and Others …. Petitioners Versus Maninderpal Singh …. Respondent Present: Mr. R.S. Rai, Senior Advocate with Mr. Anurag Arora, Advocate for the petitioners. Mr. Vipan Mahajan, Advocate for the complainant. *** CRM No. M-31901 of 2010 & [2] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 S.S. SARON, J. Heard counsel appearing for the parties. This order will dispose of CRM No. M-31901 of 2010 filed by Bhupinder Singh and CRM No. M-31902 of 2010 filed by Makhan Singh and CRM No. M-35082 of 2010 filed by Ajit Singh, Balwant Singh and Nirmal Singh. The facts of the case are taken from CRM No. M-31901 of 2010. The petitioners in the respective petitions seek pre-arrest bail in a private complaint titled Maninder Pal Singh v. Ajit Singh and Others. Maninder Pal Singh has filed complaint No.151 of 29.9.2005 (Annexure P2) against Ajit Singh, Makhan Singh, Balwant Singh, Nirmal Singh, Ms. Darshan Kaur, Principal, Punjab Public Senior Secondary School, Shekhpur and Bhupinder Singh, Accountant, Punjab Public Senior Secondary School, Shekhpur, Sant Nagar College Road, Gurdaspur. According to the complainant-Maninder Pal Singh, his younger son namely Satinder Pal Singh (deceased) had gone to Punjab Public Senior Secondary School, Shekhpur. He was studying in the 9th class. At about 11 O’clock the wife of the complainant namely Jasbir Kaur received a telephone call that the health of her son was deteriorating and she should immediately take him from the school. Jasbir Kaur, wife of the complainant went to Punjab Public Senior Secondary School, Shekhpur. At that time, from the office room of the Principal; Ajit Singh and his son Balwant Singh (petitioners No.1 and 2 in CRM No. M-35082 CRM No. M-31901 of 2010 & [3] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 of 2010) were coming out. The wife of the complainant went to the room of the Principal namely Ms. Darshan Kaur where Satinder Pal Singh (deceased) was lying and from his mouth and nose, blood was oozing out. He was very much perturbed. Principal Ms. Darshan Kaur and Bhupinder Singh (petitioners in CRM No. M-31901 of 2010) were sitting in the office. Jasbir Kaur, wife of the complainant asked about the condition of her son Satinder Pal Singh (deceased) from the Principal Ms. Darshan Kaur, on which she did not give any satisfactory reply and said that he be taken. The son of the complainant, however, informed his mother that he had been beaten in the stomach and testicles and he was having severe pain. He further stated that at about 10.00 a.m. he was giving his paper and Bhupinder Singh (petitioner in CRM No. M-31901 of 2010) called him from the class that Principal Ms. Darshan Kaur was calling him in her office, on which he went to the office of Ms. Darshan Kaur where Ajit Singh and Balwant Singh (petitioners No.1 and 2 in CRM No. M-35082 of 2010) were sitting. They started saying to the son of the complainant that he is the son of a murderer and he does bad things. They wanted to teach him a lesson on which the said two persons i.e. Ajit Singh and Balwant Singh (petitioners No.1 and 2 in CRM No. M-35082 of 2010) as also Bhupinder Singh (petitioner in CRM No. M-31901 of 2010) gave him fist blows and kicked him on which the son of the complainant raised loud cries and wept, but they kept on beating him. Then from his nose and mouth, blood had started oozing and then they stopped beating him. On CRM No. M-31901 of 2010 & [4] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 seeing the condition of Satinder Pal Singh; Jasbir Kaur, wife of the complainant got frightened and she took him to the Civil Hospital, Gurdaspur for treatment. He was admitted at about 1/1.30 p.m. in the Civil Hospital, Gurdaspur and doctor started treating him. His condition, however, deteriorated and he became unconscious. After sometime Principal Ms. Darshan Kaur, Bhupinder Singh (petitioner in CRM No. M- 31901 of 2010), Ajit Singh and Balwant Singh (petitioners in CRM No. M-35082 of 2010) also came there. They met the doctor there. It was about 3/3.30 p.m. The doctor said that they were referring Satinder Pal Singh for treatment to Amritsar. They put Satinder Pal Singh in an ambulance and said that the ambulance would drop the patient and his mother at Amritsar. At that time, Jasbir Kaur, wife of the complainant was very perturbed because she was alone and there was no relative or family member with her. In the rear side of the ambulance, she sat with her son. Driver of the ambulance took them to Kila Nathu Singh and dropped them at home. Jasbir Kaur, wife of the complainant asked the driver that he was to drop them at Amritsar Hospital. The driver, however, said that her son had died and there was no use of taking him to Amritsar. After leaving them at their house, he went away. On the next day at the time of giving bath to the dead body of Satinder Pal Singh for last rites, Jasbir Kaur noticed that there were some injury marks and blue spots and abrasions on the body of her son. After that the last rites were performed. It is alleged that the accused Principal Ms. Darshan Kaur, Bhupinder Singh (petitioner in CRM No. M-31901 of 2010 & [5] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 CRM No. M-31901 of 2010), Ajit Singh and Balwant Singh (petitioners in CRM No. M-35082 of 2010) in connivance with the doctor had killed her son in the hospital. His postmortem was not conducted so that no evidence of murder is traced. On the same day, in the evening, daughter of the complainant’s brother namely Poonam who was studying in the same school along with the son of the complainant and they used to go to school together in the school bus, informed that in the school on hearing the cries of Satinder Pal Singh in the office of Principal Ms. Darshan Kaur, she went towards the office and from the window of the office, she saw that the accused i.e. Bhupinder Singh (petitioner in CRM No. M-31901 of 2010), Ajit Singh and Balwant Singh (petitioners in CRM No. M-35082 of 2010) were beating Satinder Pal Singh. The reason for the incident was that Ajit Singh and Balwant Singh (petitioners in CRM No. M-35082 of 2010) had alleged that the complainant had killed their son regarding which a Court case was going on. Keeping the said grouse in mind, the accused in connivance with Ms. Darshan Kaur, Principal of Punjab Public Senior Secondary School, Gurdaspur and Bhupinder Singh (petitioner in CRM No. M-31901 of 2010) in a planned manner had killed the son of the complainant. All the accused had family relations with Mr. Darshan Kaur, Principal of Punjab Public Senior Secondary School, Gurdaspur and Bhupinder Singh (petitioner in CRM No. M- 31901 of 2010). CRM No. M-31901 of 2010 & [6] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 In respect of the incident of death of Satinder Pal Singh, FIR No. 202 dated 29.7.2004 was registered at Police Station Sadar Gurdaspur for the offence under Section 306 IPC. In the said case, a cancellation report was filed which was accepted by the learned Judicial Magistrate Ist Class, Gurdaspur vide order dated 9.7.2005 (Annexure P1). On the basis of the complaint (Annexure P2), the learned Additional Chief Judicial Magistrate, Gurdaspur has vide order dated 17.8.2010 (Annexure P3) summoned the accused. It was observed by the learned Additional Chief Judicial Magistrate, Gurdaspur that the finding of the police in the cancellation report that the boy died only because of terror that his name shall be struck off from the school was not satisfactory. From the evidence led by the complainant, it was found that there were sufficient grounds to summon the accused for the commission of offences punishable under Sections 120-B and 304 IPC. In view of the summoning order dated 17.8.2010 (Annexure P3) that has been passed, the petitioners applied for pre-arrest bail in the Sessions Court and the learned Additional Sessions Judge, Gurdaspur vide order dated 19.10.2010 (Annexure P6) found no justification to enlarge the accused on bail and the applications for grant of anticipatory bail filed by Bhupinder Singh (petitioner in CRM No. M-31901 of 2010) and Makhan Singh (petitioner in CRM No. M-31902 of 2010) were dismissed. The petitioners accordingly have filed the present petition for grant of pre- arrest bail. CRM No. M-31901 of 2010 & [7] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 At the time of motion hearing, Bhupinder Singh (petitioner in CRM No. M-31901 of 2010) was granted pre- arrest bail by this Court vide order dated 29.10.2010 with the direction to appear before the learned trial Court and file an application for bail on or before the next date of hearing and in case such an application was filed, he was to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. Similarly, Makhan Singh filed CRM No. M-31902 of 2010 in which also notice of motion was issued to A.G., Punjab and this Court vide order dated 29.10.2010 ordered that in case he (Makhan Singh) appears before the learned trial Court and files an application for bail on or before the next date of hearing, he would be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. Besides, Ajit Singh, Balwant Singh and Nirmal Singh filed Crl. Misc. No. M-35082 of 2010 for grant of pre-arrest bail. This Court vide order dated 1.12.2010 issued notice of motion and ordered that in case the said petitioners appeared before the learned trial Court and file an application for grant of bail on or before the next date of hearing, they would be released on bail on their furnishing bail bonds to the satisfaction of the trial Court. Mr. R.S. Rai, Senior Advocate and Mr. H.S. Dhandi, Advocate, learned counsel appearing for the respective petitioners have contended that the petitioners have put in appearance before the learned Additional Sessions Judge, Gurdaspur and they have been admitted to CRM No. M-31901 of 2010 & [8] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 bail. They were asked to furnish their bail bonds before the Court of learned Additional Chief Judicial Magistrate, Gurdaspur. It is submitted that the accused Ajit Singh, Balwant Singh and Nirmal Singh appeared in the Court of learned Additional Sessions Judge, Gurdaspur on 06.12.2010 and they were directed to furnish their bail bonds in the Court of learned Additional Chief Judicial Magistrate, Gurdaspur which they furnished on the same date i.e. on 6.12.2010. A copy of the order dated 6.12.2010 passed by the learned Additional Chief Judicial Magistrate, Gurdaspur has been filed which is taken on record. Similarly, Makhan Singh (petitioner in CRM No.M-31902 of 2010) and Bhupinder Singh (petitioner in CRM No. M-31901 of 2010) put in appearance before the learned Additional Chief Judicial Magistrate, Gurdaspur on 3.11.2010 and they have furnished their bail bonds in the Court of learned Additional Chief Judicial Magistrate, Gurdaspur on 3.11.2010. A copy of the order dated 3.11.2010 accepting their bail bonds has been filed in Court today which is taken on record. According to Mr. R.S. Rai, Senior Advocate and Mr. H.S. Dhandi, Advocate, learned counsel appearing for the respective petitioners, the petitioners in the respective petitions have joined the trial in the case; besides, the case is one where the custody of the petitioners is not required for the purposes of investigation. It is also submitted that the offence under Section 304 IPC for which they have been summoned is to be established by the complainant by leading evidence and it is not a case where CRM No. M-31901 of 2010 & [9] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 the petitioners can prima facie be held to be guilty as no post-mortem in respect of the deceased Satinder Pal Singh was conducted. In response learned Counsel appearing for the complainant has strongly opposed the petition. It is submitted that the complainant was in jail and his son was mercilessly beaten by the accused while in school. He was caused injuries on his stomach and testicles which resulted in his death. It is submitted that the wife of the complainant was alone at her home and the accused surreptitiously managed in not getting his post-mortem conducted. They misled Jasbir Kaur, wife of the complainant by representing to her that the son of the complainant was being taken to the hospital at Amritsar but was taken at Kila Nathu Singh i.e. village of the complainant and after leaving the wife of the complainant and the dead body, the driver of the ambulance went away. It is submitted that Poonam who is the brother’s daughter of the complainant had seen that Satinder Pal Singh (deceased) was being beaten by the accused by kicking him and inflicting fist blows. The cancellation report submitted by the Police, it is submitted, has not been accepted in terms of the summoning order dated 17.8.2010 (Annexure P3) passed by the learned Additional Chief Judicial Magistrate, Gurdaspur. After giving my thoughtful consideration to the matter, it may be noticed that the incident in the case had occurred on 25.11.2003. At that time, the complainant was in custody. The case indeed is an unfortunate one where CRM No. M-31901 of 2010 & [10] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 the son of the complainant namely Satinder Pal Singh (deceased) had died in mysterious circumstances. The complainant at that time was in custody and the case could not be pursued by him. No post-mortem of the deceased Satinder Pal Singh was conducted. Therefore, at this stage, it cannot be ascertained as to what was the exact nature and cause of death. During the preliminary evidence the statement of Dr. Chetan Nanda, Medical Officer, Civil Hospital, Gurdaspur (CW4) was recorded. According to Dr. Chetan Nanda (CW4), he was called by in the emergency ward by EMO on duty Mrs. Kalsi to check Satinder Pal Singh on 25.11.2003 at about 2.00 p.m.. On arrival, he examined and advised treatment which is mentioned in the bed head ticket (Ex.CW4/A). The patient was unconscious and there were repeated seizure convulsion to the patient; besides, there was a secretion from the mouth and nostrils. Due to critical condition of the patient, he was advised to be put on oxygen. The patient was admitted by Dr. Kalsi in the emergency ward. The seizure can be caused by some internal injury. As per the bed head ticket (Ex. CW4/A), the patient died at 3.00 p.m. on 25.11.2003 and the death was declared by Dr. Kalsi. The statement of Dr. Prahbjot Kalsi (CW5), Medical Officer Health has also been recorded. It is stated by the said doctor that the patient was in critical condition at 2.50 p.m. on 25.11.2003. He had cardio pulmonary arrest. Cardio Pulmonary Resuscitation was done but the patient could not be revived. Patient died in Emergency and was declared dead at 3.00 p.m. on CRM No. M-31901 of 2010 & [11] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 25.11.2003. The cause of death according to Dr. Prabhjot Kalsi (CW5) was Cardio Pulmonary arrest caused by repeated seizures/convulsions. Possibility of seizures/convulsions due to internal injury on the person of the patient being cause of death may be there. These aspects, however, would be required to be considered and gone into by the learned trial Court after evidence in the case has been led. The petitioners have been summoned for the offence under Sections 304 IPC and 120-B IPC. The case against them is to be established and proved by the complainant. At this stage, it cannot on the basis of material and evidence on record be said that they have indeed committed the offence. Besides, the real intent of the summoning order is to ensure that the petitioners appear before the Court and join the trial of the case. Mr. R.S. Rai, Senior Advocate and Mr. H.S. Dhandi, Advocate, learned counsel appearing for the respective petitioners have submitted that the petitioners would duly appear before the learned trial Court and join the trial in the case. Besides, they shall not interfere with the complainant/prosecution evidence. Keeping in the view the nature of allegations and the material on record; besides, the fact that the petitioners have joined the trial as also the fact that their custody is not required for the purposes of investigation, it would be just and expedient that the interim bails that have been granted to them are made absolute. CRM No. M-31901 of 2010 & [12] CRM No. M-31902 of 2010 & CRM No. M-35082 of 2010 Accordingly, the Crl. Misc. Petitions (i.e. CRM No. M-31902 of 2010, CRM No. M-35082 of 2010 and CRM No. M-31901 of 2010) are allowed and the interim bails granted to Bhupinder Singh (petitioner in CRM No. M-31901 of 2010) on 29.10.2010 and to Makhan Singh (petitioner in CRM No. M-31902 of 2010) also on 29.10.2010 as also to Ajit Singh, Balwant Singh and Nirmal Singh (petitioners in CRM No. M- 35082 of 2010) on 1.12.2010 are made absolute. (S.S. SARON) Feburary 8, 2011 JUDGE amit