CRM-M-15687 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-15687 of 2009 DATE OF DECISION: 11.09.2009 **** Ashok Kumar . . . . Petitioner VS. State of Punjab and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Karanjit Singh, Advocate for the petitioner. Mr.Ranbir Singh Rawat, AAG, Punjab for the respondent/State **** RAKESH KUMAR JAIN J. The petitioner has applied for anticipatory bail in case FIR No.209/2003 dated 17.10.2003 registered under Sections 306, 34 IPC at Police Station City Tarn Taran, District Tran Taran, in which cancellation report was filed on 15.03.2004 but the Chief Judicial Magistrate, Tran Taran while declining the cancellation report has summoned the petitioner under Sections 302, 120-B IPC vide his order dated 11.12.2008. Briefly stated, the FIR (Annexure P-1) has been recorded on the statement of Jagmohan Singh (complainant), who is the elder brother of Rachhpal Singh (deceased). It has been alleged that Ashok Kumar (petitioner) is a neighbour of Jagmohan Singh (complainant). Tarsem Rani, mother of Ashok Kumar, moved an application dated 4.10.2003 alleging therein that in the morning when her daughter-in-law went on the terrace, in the toilet to answer the call of nature, an unknown person had put a parna CRM-M-15687 of 2009 - 2 - around her neck so as to strangulate her but ran away. She had the suspicion that the said person who put the parna had come through the house of Rachhpal Singh (deceased) On 16.10.2003, Jagmohan Singh (complainant) and his brother Rachhpal Singh (deceased) went to the Police Station in the enquiry in respect of the application submitted by Tarsem Rani. Ashok Kumar (petitioner) and Satpal (non-applicant) threatened Rachhpal Singh (deceased) that they would beat him as they knew about the person, who had come to their house because the said person was sent by him (Rachhpal Singh). It is further alleged that earlier also Rachhpal Singh (deceased) was forced to depose in a case registered under Sections 306 and 34 IPC at Police Station Tarn Taran, in which sister of Ashok Kumar (petitioner) had died. On 17.10.2003 at about 8.00/9.00 A.M., Jagmohan Singh (complainant) and his brother Rachhpal Singh (deceased) went to the Police Station in respect of the complaint. While entering the Police Station Rachhpal Singh (deceased) fell down due to attack and suffered an injury on the back of his head. Jagmohan Singh (complainant) arranged a conveyance and brought him to the Civil Hospital but on reaching the Civil Hospital, he was declared brought dead. It was alleged that Ashok Kumar (petitioner) and Satpal (non-applicant) had threatened Rachhpal Singh (deceased) to depose falsely by alluring him with money and due to the mental pressure, he died. The summoning order dated 11.12.2008 (Annexure P-4) has been passed on a case set up by Jagmohan Singh (Complainant) that on 16.3.2003 his brother Rachhpal Singh (deceased) was called at Police Station City, Tarn Taran for enquiry. The complainant went to the Police Station for enquiry as to why he has been called. It was found that the enquiry was made as some person tried to CRM-M-15687 of 2009 - 3 - strangulate the wife of the petitioner by scaling wall of the house of Rachhpal Singh (deceased). It is alleged that on 17.10.2003, Jagmohan Singh (complainant) along with Rachhpal Singh (deceased) reached the Police Station, at that time, the M.H.C. told Jagmohan Singh (complainant) to sit there. However, one constable and Ashok Kumar (petitioner) took Rachhpal Singh (deceased) to other room. When Jagmohan Singh (complainant) went inside the room where Rachhpal Singh (deceased) was taken, he found that blood was oozing out of Rachhpal Singh (deceased) head and a pool of blood had formed on the ground. Rachhpal Singh (deceased) was unconscious. The Police asked Jagmohan Singh (complainant) to take Rachhpal Singh (deceased) for treatment. Ashok Kumar (petitioner) is a Police official and was posted as Gunman to SSP, Tarn Taran. It was alleged that Ashok Kumar (petitioner) and Satpal (non-applicant) in connivance with the Police killed Rachhpal Singh (deceased) in the Police Station. The cause of death has been opined due to Compression of the brain due to subdural hemorrhage on account of head injury, which is sufficient to cause death in the natural course of events. Since, Ashok Kumar (petitioner) was summoned to face trial under Section 302 read with Section 120-B, through non- bailable warrants, he applied for anticipatory bail before the Court below, which was dismissed by the learned Additional District & Sessions Judge, Tarn Taran vide his order dated 15.5.2009. At the time of notice of motion, counsel for the petitioner had relied upon the order (Annexure P-5) to contend that in case of similarly situated co-accused pre-arrest bail has been granted by a co-ordinate Bench of this Court. CRM-M-15687 of 2009 - 4 - Learned counsel for the petitioner has submitted that the petitioner has already appeared before the Court below in terms of the order passed by this Court dated 5.6.2009 and has been admitted to interim bail. However, learned counsel for the State has vehemently argued that the case of the petitioner cannot be equated with the case of non-applicant Satpal, who has been granted bail by this Court vide its order dated 1.4.2009 (Annexure P-5). In this regard, he referred to the observations made by this Court in the case CRM-M-3546 of 2009 titled as “Satpal Sharma Vs. State of Punjab and another”, which read as under: - “I have given my thoughtful consideration to the matter. It may be noticed that the occurrence is of 17.10.2003. The Police investigated the case and found the petitioner to be innocent. The case was initially registered for the offence under Section 306 IPC. The main injury is attributed to Ashok Kumar and not to the petitioner.” After hearing the learned counsel for the parties, I am of the considered opinion that since the death of Rachhpal Singh has occurred within the precincts of Police Station and allegations are against the petitioner who happens to be in Police Force, I do not find to be an exceptional case for the purpose of grant of anticipatory bail. Hence, the present petition is hereby dismissed. (RAKESH KUMAR JAIN) SEPTEMBER 11, 2009 JUDGE vivek