In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-7206 of 2010 ..... Date of decision:1.3.2011 Avtar Singh .....Petitioner v. Central Bureau of Investigation through Superintendent of Police, Chandigarh .....Respondent .... Present: Mr. M.S. Joshi, Advocate for the petitioner. Mr. S.S. Sandhu, Standing Counsel for the respondent-CBI. ..... S.S. Saron, J. The petitioner Avtar Singh seeks regular bail in a case registered against him by the Central Bureau of Investigation (`CBI' – for short) on 9.12.2003 for the offences under Sections 302, 120-B and 34 Indian Penal Code (`IPC' - for short) in respect of the murder of Ranjit Singh son of the complainant-Joginder Singh. Initially in respect of the death of Ranjit Singh aged 39 years, FIR No.312 dated 10.7.2002 was registered on the statement of his father Joginder Singh son of Amar Singh at Police Station Sadar Thanesar, District Kurukshetra for the offences under Sections 120-B, 302 and 34 IPC. It was alleged by Joginder Singh- complainant that he was irrigating his fields along with his labour on 10.7.2002, when Sukhdev Singh son of Inder Singh of the nearby village came to him and he was discussing regarding the electricity with him. At about 5.00 p.m., son of the complainant, namely, Ranjit Singh (deceased) came on his motorcycle and as usual got tea for the labour. After serving tea Cr. Misc. No.M-7206 of 2010 [2] to the labour when he was going back to the village on his motorcycle about one kilometer from the complainant, two young men came from the sugarcane field and two young men came out of the sugarcane field situated on the other side. They were carrying pistols in their hands and they blindly fired at the son of the complainant. On this, the complainant and Sukhdev Singh while raising `Lalkara' ran towards them but all the four boys along with their weapons ran towards the G.T. road and after sitting in a car which was parked at the G.T. road they fled away towards Pipli. The complainant and Sukhdev Singh asked for their Maruti car being brought from the village and they took Ranjit Singh from the spot in the car to LNJP Hospital, Kurukshetra. The doctor after examination declared Ranjit Singh as dead. The complainant had a firm belief that his son Ranjit Singh had been killed by Ram Kumar Sarpanch of Khanpur Kolian and Raj Singh son of Sehdev Singh resident of Khanpur Kolian in connivance with other persons. The complainant had enmity with them because of the Panchayat elections. These persons had held out threats on various occasions that either the complainant should compromise with them or they would see him on the first available opportunity. On 10.7.2002, these two (Ram Kumar, Sarpanch and Raj Singh), it is alleged, in connivance with others had got the son of the complainant, namely, Ranjit Singh killed. The complainant and Sukhdev Singh could recognize these four boys if they came before them. The statement of the complainant Joginder Singh was recorded, which was read over to him and was found correct. It was requested for taking action. The allegations in the above FIR are against Ram Kumar, Sarpanch and Raj Singh residents of Khanpur Kolian. The petitioner Avtar Cr. Misc. No.M-7206 of 2010 [3] Singh is not named as an accused. Joginder Singh-complainant made a supplementary statement on 24.8.2002 in continuation of his earlier statement. It is stated by Joginder Singh that he has five daughters and a son, namely, Ranjit Singh (deceased) aged 39/40 years. Ranjit Singh was attached with Satgur Tera Asra Dera Sacha Sauda, Sirsa (`Dera' – for short) for the last about 25 years and he had become a follower of the Dera. Ranjit Singh was also a member of the ten Member Committee of the Dera. He had one daughter from the marriage with his first wife who had died. He had a son and a daughter from his second wife. The daughters of Ranjit Singh and his sister Sarjivan were studying in Sacha Sauda School. One person, namely, Jasbir Singh was a very powerful person in the Dera. He had been allotted a Kothi in the Dera. He was in-charge of the Girls School; besides, was running a health club. Jasbir Singh used to admit the members in his area for Dera Dhan Dhan Satgur Tera Hi Asra. He also used to give substantial funds. Ranjit Singh had gone with a team to Gujarat after an earth-quake had occurred there. He stayed there for one month. The daughters of Ranjit Singh used to stay in the hostel of the Ashram. Ranjit Singh had got one room No.75 booked there. It is stated by the complainant that they had two telephones at their residence and Ranjit Singh had a mobile phone. In May 2002, an anonymous letter written by a girl was published in `Amar Ujala' newspaper which led to tension between Tarksheel Society and Dhan Dhan Satgur Tera Hi Asra workers. After this news item, it is alleged that Ranjit Singh (deceased) lost faith in the Dera and he even withdrew both his daughters from the Dera school. He himself started visiting the Dera infrequently after Balwant Singh, President of the Cr. Misc. No.M-7206 of 2010 [4] Tarksheel Society, Sirsa, Haryana condemned the incident in the Dera as mentioned in the news item. Tarksheel Society, Fatehabad, Ratia etc. also condemned the above mentioned incident of Dhan Dhan Satgur Tera Hi Asra. Dhan Dhan Satgur Tera Hi Asra, Dera Sacha Sauda, Sirsa protested against the condemnation. Protests were also raised in Punjab and Haryana. The workers of Dhan Dhan Satgur Tera Hi Asra of Fatehabad and Ratia even beat up the shopkeepers. Balwant Singh, President, Tarksheel Society, Sirsa had to face protests from the workers of the Dera. It is further stated that an anonymous letter written by a girl reached the office of Tarksheel Society and they started distributing the said letter. This led to increase in protest. The Head of Dera suspected that Ranjit Singh was not supporting the Dera but was supporting the propaganda of Tarksheel Society. On 16.6.2002, Ranjit Singh along with Subhash Khatri went to the Sirsa Dera. Darshan Singh who was in-charge of the said Dera levelled allegations against Ranjit Singh and even threatened him. Jasbir Singh and Randhi Sahib also threatened him. Ranjit Singh when he came back at his house told the complainant Joginder Singh and his mother about the allegations made against him and the threats that were held out. About two weeks thereafter i.e. between 26.6.2002 to 28.6.2002, Jasbir Singh and his another companion came to the house of the complainant in a blue colour Tata Safari. They held Ranjit Singh responsible for the propaganda carried out by Tarksheel Society. They even threatened Ranjit Singh. The complainant was present at that time. The complainant made Jasbir Singh and the other person understand and sent them back. They, however, took Ranjit Singh to the side and said something on which Ranjit Singh got perplexed. Cr. Misc. No.M-7206 of 2010 [5] Afterwards Jasbir Singh on two-three occasions telephoned and wanted to talk to Ranjit Singh. The complainant heard those phone calls and when he asked Ranjit Singh to attend his phone calls he used to avoid it by saying that he did not want to talk to Jasbir Singh. It is stated by the complainant Joginder Singh that as he was under a shock and was perplexed due to the murder of his only son, he could not mention these facts in the FIR. He was confident that due to the circumstances and from his inquiry, his son had been murdered by the management of the Dhan Dhan Satgur Tera Hi Asra Dera Sacha Sauda through Jasbir Singh and his associates after hatching a conspiracy due to the grudge of the above incident. They had also come to know that Jasbir Singh along with his companions was seen moving in the village on 6.7.2002. He had made a statement and heard it which was correct. From the said statement, it transpires that the complainant mentioned regarding the involvement of Jasbir Singh of Dera Sacha Sauda, Sirsa in the murder of his son. He also made statements on 24.11.2002 and 3.12.2002. A letter was written by Joginder Singh-complainant on 4.10.2002 to the Hon'ble Chief Justice of this Court, which was treated as Criminal Misc. No.47485 of 2002 in Criminal Misc. No.M-26994 of 2002. Criminal Misc. No.M-26994 of 2002 was with respect to an anonymous letter written by an innocent and aggrieved girl (a Sadhvi) of Dera Sacha Sauda, Sirsa, making allegations of sexual abuse of girls at Dera Sacha Sauda, Sirsa, by the head of the Dera. The letter which was received in the High Court was ordered to be put up on the judicial file. On 19.07.2002, notice of motion was issued to Advocate General, Haryana. On 3.9.2002, Cr. Misc. No.M-7206 of 2010 [6] this Court having regard to the nature of allegations, observed that it would be in the interest of justice if the District and Sessions Judge, Sirsa, makes a personal visit to the Dera at the earliest along with such other authorities as he may consider appropriate to associate. A report was asked to be submitted to this Court before the next date. The District and Sessions Judge, Sirsa, it was observed, may also give suggestions as to what further order was to be passed in the matter. On 24.09.2002, a report was received from the District and Sessions Judge, Sirsa, which indicated that the possibility of the acts, alleged in the letter, could not be ruled out. A further suggestion was made that truth could be ascertained if the matter was secretly got investigated through a Central Agency. This Court, having regard to the serious nature of allegations and also the recommendations made by the District and Sessions Judge, Sirsa, referred the matter to the CBI. Joginder Singh-complainant in his said letter addressed to the Hon'ble Chief Justice of this Court stated that his only son was murdered in broad daylight on 10.07.2002. It is stated that the persons running Dera Sacha Sauda had a suspicion that his (Joginder Singh’s) son Ranjit Singh was behind the circulation of copies of the letter written by a girl against the Dera Sacha Sauda to the Prime Minister Shri Atal Bihari Vajpayee. The said letter had appeared in various newspapers in the month of April-May and Shri Balwant Singh, resident of village Khanpur (Kolian), District President of Tarksheel Society, had distributed the copies of the said letter amongst the people. It is stated that the son of the complainant had an association with the Dera for the last 20 years and was a member of the ten Members Committee for a number of years.On coming to know about the misdeeds of Cr. Misc. No.M-7206 of 2010 [7] the Dera for the last 2-2½ years, he had withdrawn his children from the Dera school. The person belonging to the Dera had leveled allegations against his son that he had distributed the said letter in District Kurukshetra and had started a propaganda against the Dera. It is further mentioned that this Court had already entrusted an enquiry regarding the said letter to the CBI. It is stated that in this regard, Jasbir Singh son of Randhir, Incharge of the Girls School, Dera Sacha Sauda, Sirsa, had issued threats on 26.06.2002 in the village that Ranjit Singh should tender an apology at the Dera, otherwise he would have to face dire consequences. Then, Jasbir Singh again came to village Khanpur Kolian on 06.07.2002 at about 4.00-5.00 P.M. and threatened his (Joginder Singh’s) son that in case he (Ranjit Singh) did not tender an apology at the Dera, he would not be spared. On this, Ranjit Singh son of the complainant told the complainant that he had not indulged in any mischief nor had any connection with the said letter and there was no reason for him to seek an apology. On 10.07.2002 at about 5.00 P.M., the son of the complainant had gone to the field after taking tea for the servants. When he was returning from the field at about 5.30 P.M., bullets were fired upon him. Four persons, armed with revolvers, were standing in the sugarcane field and after catching hold of his son, they fired shots in his head, as a result of which, he (Ranjit Singh) died at the spot and the assailants drove away in their car, which was parked on the road. He had a strong suspicion that Jasbir Singh son of Shri Randhir was behind this murder. Shri Randhir was Incharge of the girls’ school at Sirsa Dera. The persons of the Dera were influential and openly boasted that they had formed the Government and as such, nobody could harm them. The son of Cr. Misc. No.M-7206 of 2010 [8] the complainant had got sent wheat, rice and chaff worth lacs of rupees for the victims of the Gujrat earthquake. Besides, 5-6 years earlier to that, he had got sent lacs of rupees for the Dera from his pocket and also by collecting the amount from the people. It was, therefore, prayed that a thorough enquiry be got conducted regarding the murder of his son and the case may kindly be entrusted to the CBI for the enquiry. The investigation in the present case had been transferred from the District Police to C.I.D. Crime Branch, Haryana on 22.11.2002. In the statement of Joginder Singh-complainant recorded on 24.11.2002, he named Sabdil Singh Gunman of Baba Gurmeet Singh as the person who had visited his house with Jasbir Singh and threatened his son and that he (Sabdil Singh) was also involved in the murder of Ranjit Singh, the son of the complainant Joginder Singh. Jasbir Singh and Sabdil Singh were arrested by the C.I.D. Crime Branch, Haryana on 02.12.2002. The charge-sheet (challan) was filed by the Haryana Police on 17.2.2003 against Jasbir Singh and Sabdil Singh alleging commission of offences under Sections 120-B, 302 and 34 IPC. A supplementary charge-sheet was also filed by the Haryana Police on 17.7.2003 against Jasbir Singh and Sabdil Singh. Thereafter, this Court on 10.11.2003 in Criminal Misc. No.47485 of 2003 in Criminal Misc. No.M-26994 of 2002 i.e. the letter written by the complainant Joginder Singh to the Chief Justice of this Court directed the present case to be investigated by the CBI. The CBI on 9.12.2003 registered case RC-8(S)/2003/SCB/CHG. The CBI during the investigation found that Ranjit Singh (deceased) was follower of Dera Sacha Sauda since 1975 and was a member Cr. Misc. No.M-7206 of 2010 [9] of the ten Member Committee for Haryana since 1998. His two daughters Ritu and Gitu were admitted in the Dera school and they used to stay inside the Dera. In 1999, the younger sister of Ranjit Singh (deceased) became a Sadhvi in the Dera and started teaching in the girls’ school. During the year 2000 Ranjit Singh (deceased) started to disassociate himself from the Dera and withdrew his daughters and sister from the Dera. He had also told one of his relatives that he wasted his 20/25 years of life in the Dera. In the investigations, it has been brought out by the CBI that an anonymous letter from a Sadhvi was addressed to the Prime Minister of India in which she alleged sexual abuse and exploitation by Baba Gurmeet Singh, Head of the Dera. The letter was circulated in the print media. This Court vide order dated 3.9.2002 passed in Criminal Misc. No.M-26994 of 2002 got an inquiry conducted through the District and Sessions Judge, Sirsa and thereafter in terms of order dated 24.9.2002 directed the C.B.I. to investigate the allegations with respect to the anonymous letter. The members and followers of Sacha Sauda started a look out for the persons who had circulated the said anonymous letter. The letter contained a reference to a Dera follower of Kurukshetra who had withdrawn his sister from the Dera and it was suspected that he got the said letter circulated. The persons from the Dera had started visiting the house of Ranjit Singh (deceased) in Village Khanpur Kolian, District Kurukshetra. As per CBI investigations Ranjit Singh went to the Dera on 16.6.2002 and at that time he was kidnapped by Chander Khatri. He was threatened in the Dera by Krishan Lal, Jasbir Singh, Avtar Singh (petitioner), Inder Sain etc. On 26.6.2002, three persons came to the house of Ranjit Singh (deceased) and Cr. Misc. No.M-7206 of 2010 [10] they were identified as Jasbir Singh, Sabdil Singh and Krishan Lal. Jasbir Singh and Sabdil Singh went inside the house and threatened Ranjit Singh to seek pardon from Baba Gurmeet Singh for the anonymous letter that he had circulated and that if he did not seek pardon it would not be good for him and he would not be spared. On 16.7.2002, Jasbir Singh and Sabdil Singh met Ranjit Singh (deceased) at his house in Village Khanpur Kolian and threatened him that Baba Gurmeet Singh suspected him for circulating the letter and that he could seek pardon from the Baba otherwise they had orders to kill him. During investigation, a notice was issued to the petitioner in terms of Section 160 Criminal Procedure Code (`Cr.P.C.' - for short) on 15.6.2005 asking him to appear before the Investigating Officer on 27.6.2005. Avtar Singh (petitioner) appeared before the Investigating Officer on 27.6.2005 and gave his consent for polygraph examination. Polygraph examination of Avtar Singh (petitioner) was carried out during the period from 18.7.2005 to 21.7.2005 and according to the CBI it revealed extensive deceptions in the replies given by him. On 31.8.2005, Krishan Lal was arrested by the CBI but Avtar Singh (petitioner) did not appear before the CBI. The Investigating Officer visited Sirsa and issued fresh notice for appearance of the petitioner which was not received by him. The same was thus pasted on the main gate of his residence and also on the residence of his parents. Avtar Singh (petitioner) filed an application in the Court of Special Judge, Ambala for the grant of pre-arrest bail and the same was dismissed by the learned Special Judge, Ambala on 24.11.2005. A supplementary charge-sheet was filed by the CBI on 25.11.2005 against the accused Krishan Lal, Sabdil Singh and Jasbir Singh in respect of the offence Cr. Misc. No.M-7206 of 2010 [11] under Section 120-B read with Sections 302 and 506 IPC. Further investigations were conducted by the CBI. Avtar Singh (petitioner) filed Criminal Misc. No.M-63954 of 2005 in this Court for the grant of pre-arrest bail. This Court granted interim bail to him and directed him to appear before the CBI on 12.12.2005. In consequence to the order passed by this Court, Avtar Singh appeared in the CBI Office and was examined in the presence of independent witnesses. According to the CBI, the petitioner was non-cooperative and sought time for replying to the questions put to him by the Investigating Officer. The application for pre-arrest bail filed by Avtar Singh was dismissed by this Court on 7.2.2006. Notice in terms of Section 160 Cr.P.C. was again issued to Avtar Singh (petitioner) on 17.6.2002. Another notice was issued for his appearance on 20.2.2006. The notices were received back unserved. Fresh notice was sent through S.P., Sirsa to Avtar Singh for his appearance on 27.3.2006. The notice could not be served as Avtar Singh (petitioner) was not found at his known address. On 21.4.2006, the learned Special Judicial Magistrate Ist Class, CBI issued non-bailable warrants. The same were sent through S.P., Sirsa for execution. Non-bailable warrants remained unexecuted as Avtar Singh (petitioner) could not be traced. Accordingly, proceedings under Sections 82 and 83 Cr.P.C. were ordered by the Special Judicial Magistrate, C.B.I., Ambala on 9.9.2006. In consequence of the proceedings ordered by the Court, Avtar Singh (petitioner) surrendered before the learned Special Judicial Magistrate, Ambala on 6.11.2006 and since then is in custody. The role of the petitioner-Avtar Singh has been primarily brought out in the statement made by Khatta Singh on 26.12.2006 in which Cr. Misc. No.M-7206 of 2010 [12] he inter alia stated that on 16.6.2002 Ranjit Singh (deceased) was called to Dera Sacha Sauda and was asked to apologize before the Baba by Avtar Singh (petitioner), Inder Sain, Krishan Lal and Darshan Singh. When Ranjit Singh did not agree, they told him to be ready to die. Khatta Singh also stated that after the murder of Ranjit Singh on 10.7.2002 he had seen Avtar Singh (petitioner), Inder Sain, Krishan Lal, Jasbir Singh and Constable Sabdil Singh, Gunman of Baba Gurmeet Singh celebrating in the night at Kashish Restaurant and claiming that they had eliminated the traitor. The CBI on 1.2.2007 filed a supplementary charge-sheet (challan) against the accused Inder Sain and Avtar Singh (petitioner) alleging the commission of offences under Section 120-B read with Section 302 and 506 IPC and for their trial along with those who had already been sent-up for trial. On 22.6.2007, Khatta Singh made a statement in terms of Section 164 Cr.P.C. before the learned Judicial Magistrate Ist Class, Chandigarh in which he inter alia mentioned regarding the involvement of Avtar Singh (petitioner) and others. Supplementary charge-sheet was filed by CBI on 30.7.2007 against accused Baba Gurmeet Singh for the offence under Section 120-B read with Sections 302 and 506 IPC along with accused already charge- sheeted. Avtar Singh had filed a petition for grant of regular bail in this Court i.e. Criminal Misc. No.M-40256 of 2007 which was dismissed on 7.4.2008. Another petition i.e. Criminal Misc. No.M-18247 of 2008 was filed by Avtar Singh which was also dismissed on 3.12.2008. The charges were framed against the accused persons by the trial Court of learned Special Judge, CBI, Ambala on 12.12.2008. Thereafter, another petition filed by Avtar Singh i.e. Criminal Misc. No.M-34957 of 2009 was dismissed Cr. Misc. No.M-7206 of 2010 [13] on 17.12.2009. The petitioner now seeks bail by way of present petition. Shri M.S. Joshi, Advocate learned counsel appearing for the petitioner has contended that the petitioner during investigation of the case had cooperated with the CBI. He subjected himself to polygraph test during the period from 18.7.2005 to 21.7.2005. It is submitted that CBI had summoned the petitioner on 31.8.2005. However, Krishan Lal, who was also summoned was picked up by the CBI on 30.8.2005 and said Krishan Lal filed two cases against the CBI. Therefore, the petitioner did not appear as he apprehended that he would also be picked up and illegally detained. It is submitted that the petitioner did not appear before the CBI on 21.11.2005 as was directed by the learned Special Judge, Ambala as the order for directing the petitioner to appear was without any protection from arrest in the event of his arrest. Therefore, the bail application of the petitioner was dismissed by the learned Special Judge, Ambala on 24.11.2005. The petitioner then filed an application for pre-arrest bail i.e. Criminal Misc. No.M-63954 of 2005 in this Court. In consequence of the interim bail granted by this Court, the petitioner appeared before the CBI on 12.12.2005 and was examined in the presence of independent witnesses. The anticipatory bail application of the petitioner was ultimately dismissed by this Court on 7.2.2006. It is submitted that the petitioner of his own had surrendered in the Court of learned Special Judicial Magistrate, CBI, Ambala on 6.11.2006 and since then he is in custody whereas Baba Gurmeet Singh who is the head of the Dera and the main accused in the case; besides, has also been named as an accused on the statement of Khatta Singh has been granted pre-arrest bail by this Court in the present case vide order Cr. Misc. No.M-7206 of 2010 [14] dated 17.9.2007 passed in Criminal Misc. No.M-42868 of 2007. Thereafter in consequence of the anticipatory bail granted by this Court, he has been granted regular bail by the learned Additional Sessions Judge, Ambala on 25.10.2007without him being confined to