Punjab-Haryana High Court
Rakesh Kumar vs State Of Punjab on 15 November, 2023
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CRM-M-21182-2023 (O & M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-21182-2023 (O & M)
Date of decision:15.11.2023
Rakesh Kumar ...... Petitioner
V/s
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Vivek Singla, Advocate,
for the petitioner.
Mr. Kirat Singh Sidhu, DAG, Punjab.
*****
JASJIT SINGH BEDI, J. (Oral)
The prayer in the present petition under Section 438 Cr.P.C. is
for the grant of anticipatory bail to the petitioner in case FIR No.31 dated
13.02.2014 under Sections 420/419/467/471/120-B IPC registered at Police
Station Sadar Amritsar, District Amritsar.
2. The contents of the FIR (Annexure P-1) read as under:-
"Myself, Varinder Kumar Inspector is posted as SHO at
PS Sadar Amritsar that Ramesh Kumar S/o Balkar Chand R/o
Naianwali street Mustafabad Amritsar came to police station,
Sadar, Amritsar and made request to for issuance of DO re-
garding production of passport in Tatkal Scheme and he at that
time had produced his residential certificate issued by Tehsil-
dar, Amritsar-ll on 21.10.2013, voter card issued by Indian
Election Commission, identity card to prove his identity and
residential address. On the basis of aforesaid documents DO
had been issued by myself for the production of passport to
Ramesh Kumar under tatkal scheme on 14.11.2013, but now a
few days back, secret informer by coming before me informed
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me to the effect that Ramesh Kumar who has got issued DO
from me for the production of passport under Tatkal Scheme
who is having his real name as Rakesh Kumar S/o Balkar Singh
caste Ravi Dasia is permanent R/o H.No. 1510 Bizlighar,
Mustafabad Amritsar. He had got prepared the passport at the
said address previously and resided in Hong Kong for about 7-
8 years where he was arrested and was to India after remaining
in police for 3/4 months. Now Rakesh Kumar in connivance
with his elder brother Hardeep Singh after preparing forged
documents and after getting prepared passport In name of
Ramesh Kumar s/o Balkar Chand Naianwali Street, Musta-
fabad, Batala Road, Amritsar has again went to Hong Kong.
Regarding this information, an investigation was conducted by
myself and during investigation, photocopy of voter list for the
year 2012 (Vidhan Sabha) was obtained in which Rakesh Ku-
mar s/o Balkar Singh to H.No.1510 is listed as voter at sr no.
1015. A list of Ravidasi community was obtained in which his
father Balkar Singh s/o Banta Singh has been shown at Sr.
No.95. Voter list of corporation was also obtained and the said
voter list shows Rakesh Kumar S/o Balkar Singh, H.No. 1050
as a at Sr no.1060. Hardeep Singh S/o Balkar Singh r/o
H.No.480/1 Sunder Nagar, Bizli Ghar, Mustafabad Batala
Road, Amritsar got opened Bank account no.758238 in Punjab
and Sind Bank, Batala Road, Amritsar Hardeep Singh has also
given affidavit In the bank showing the name of his brother as
Ramesh Kumar Instead of Rakesh Kumar r/o Naian Wail Gall,
Mustafabad, Batala Road, Amritsar to be converted the said
account as joint account with Rakesh Kumar and on the said
affidavit he has disclosed his identity as Hardip Singh s/o
Balkar Chand where as his real name is Hardip Singh son of
Balkar Singh. The copy of Ration Card of Balkar Singh s/o
Banta Singh was also obtained through Internet and in the list
of members Rakesh Kumar s/o Balkar Singh has been men-
tioned. Record of Amandeep and Jaspreet Kaur sons and
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daughter of Rakesh Kumar at the time of their admission in
Saint Sai Sr. Secondary School, Majitha Road, Amritsar has
been obtained, Principal of the said school has mentioned the
name of Amandeep s/o Rakesh Kumar and Jaspreet Kaur
daughter Rakesh Kumar on the letter pad of the school. Copies
of birth certificate of above named children issued by Corpora-
tion were also issued by the said school in which his name has
been mentioned as Rakesh Kumar s/o Balkar. From the secret
information and from the enquiry conducted by myself, it has
been found that both brothers Rakesh Kumar and Hardip Singh
in connivance with each other by preparing forged documents
got prepared the passport in the name of Ramesh Kumar s/o
Balkar singh upon which offence u/s
420/419/467/4G8/471/120- B IPC is made out. That further in-
vestigation is being carried out after the registration of FIR.
Today in the area of Sadar Amritsar at 6-15 PM. Sd/- Vevinder
Kumar SHO PS Sadar dated 13-02-14".
3. The learned counsel for the petitioner contends that the
allegations of the petitioner travelling abroad on a fictitious passport are
baseless. In fact, the petitioner himself was a victim of fraud at the hands of
travel agents who had sent him illegally to Hong Kong where he had stayed
for the last 08-09 years. As his asylum claim had been rejected, he was
forced to come back. He had not been detained at the Airport. It was only
on his return that he became aware of the fact that his brother was a
co-accused in the impugned FIR. As the petitioner was not a proclaimed
offender and was ready and willing to join investigation, he was entitled to
the concession of anticipatory bail as his brother Hardeep Singh had been
granted the similar relief by this Court vide order dated 12.05.2014 in CRM-
M-8487-2014 (Annexure P-3).
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4. The learned counsel for the State, on the other hand, while
referring to the reply dated 01.06.2023 contends that the investigation
conducted prima facie establishes the offence against the petitioner. The
conduct of the petitioner in absconding for the last 10 years does not entitle
him to the grant of anticipatory bail as it cannot be believed that the
petitioner was unaware of the instant FIR given the fact that his brother
Hardeep Singh who was also an accused, was facing trial. As the offence
was prima facie established and the investigation qua the petitioner was to
be taken to its logical conclusion, he was not entitled to the grant of
anticipatory bail.
5. I have heard the learned counsel for the parties.
6. The Hon'ble Supreme Court in the case of 'Sumitha Pradeep
Vs. Arun Kumar C.K. & Anr. 2022 Livelaw (SC) 870' has held that merely
because custodial interrogation was not required by itself could not be a
ground to grant anticipatory bail. The first and the foremost thing the Court
hearing the anticipatory bail application is to consider is the prima facie case
against the accused. The relevant extract of the judgment is reproduced
hereinbelow:-
"It may be true, as pointed out by learned counsel
appearing for Respondent No.1, that charge-sheet has already
been filed. It will be unfair to presume on our part that the
Investigating Officer does not require Respondent No.1 for
custodial interrogation for the purpose of further investigation.
Be that as it may, even assuming it a case where
Respondent No.1 is not required for custodial interrogation, we
are satisfied that the High Court ought not to have granted
discretionary relief of anticipatory bail.
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We are dealing with a matter wherein the original
complainant (appellant herein) has come before this Court
praying that the anticipatory bail granted by the High Court to
the accused should be cancelled. To put it in other words, the
complainant says that the High Court wrongly exercised its
discretion while granting anticipatory bail to the accused in a
very serious crime like POCSO and, therefore, the order passed
by the High Court granting anticipatory bail to the accused
should be quashed and set aside. In many anticipatory bail
matters, we have noticed one common argument being
canvassed that no custodial interrogation is required and,
therefore, anticipatory bail may be granted. There appears to
be a serious misconception of law that if no case for custodial
interrogation is made out by the prosecution, then that alone
would be a good ground to grant anticipatory bail. Custodial
interrogation can be one of the relevant aspects to be
considered along with other grounds while deciding an
application seeking anticipatory bail. There may be many
cases in which the custodial interrogation of the accused may
not be required, but that does not mean that the prima facie
case against the accused should be ignored or overlooked and
he should be granted anticipatory bail. The first and foremost
thing that the court hearing an anticipatory bail application
should consider is the prima facie case put up against the
accused. Thereafter, the nature of the offence should be
looked into along with the severity of the punishment.
Custodial interrogation can be one of the grounds to decline
custodial interrogation. However, even if custodial
interrogation is not required or necessitated, by itself, cannot
be a ground to grant anticipatory bail."
7. In the instant case, the allegations against the petitioner are that
he travelled abroad on a fictitious passport. The FIR was registered way
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back on 13.02.2014 and the petitioner's brother Hardeep Singh was a co-
accused who was facing trial but has since passed away. Therefore, by no
stretch of imagination can it be argued that the petitioner was unaware of the
pendency of the present FIR. As the offence stands prima facie established,
the investigation qua the petitioner is to be taken to its logical conclusion.
Further, the conduct of the petitioner in absconding for 10 years itself does
not entitle him to the grant of anticipatory bail.
8. In view of the above, I find no merit in the present petition and
the same stands dismissed.
9. However, the observations made hereinabove are only for the
purpose of deciding this anticipatory bail petition and the Trial Court is free
to adjudicate upon the matter on the basis of the evidence lead before it
uninfluenced by any such observations made.
( JASJIT SINGH BEDI)
JUDGE
November 15, 2023
sukhpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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