Punjab-Haryana High Court
Ranbir Singh vs State Of Punjab on 29 January, 2024
Neutral Citation No:=2024:PHHC:011699
CRM-M-55026-2023 -1- 2024:PHHC:011699
225 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-55026-2023
Date of Decision: 29.01.2024
Ranbir Singh @ Sumit ...Petitioner
vs.
State of Punjab ...Respondent
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present : Mr. Wazir Singh, Advocate, for the petitioner.
Mr.M.S.Bajwa, Deputy Advocate General, Punjab.
***
N.S.Shekhawat J. (Oral)
1. Status report by way of an affidavit of Deputy Superintendent of
Police, Sub-Division Faridkot, District Faridkot has been filed on behalf of the
respondent-State in Court today and the same is taken on record.
2. The petitioner has filed the instant petition under Section 439 of the
Cr.P.C. with a prayer to grant regular bail to him in case FIR No.0081 dated
20.05.2019 registered under Sections 365, 120-B of IPC, whereas the final
report/challan has been presented under Sections 306, 342, 201, 120-B of IPC
and deleted other Sections of IPC, at Police Station Sadar Faridkot, District
Faridkot.
3. The brief facts of the prosecution case are that the present FIR was
registered on the complaint of Gurcharan Singh on the allegation that his
nephew, Jaspal Singh, had been apprehended from Gurudwara Sahib Rati Rori
on 18.05.2019 by Inspector Narender Singh, In charge, CIA Staff. Said Jaspal
Singh was illegally detained in lock up, where he committed suicide and left
behind a suicide note written with his finger on the wall of the cell. Though the
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suicide note is alleged to have been washed and the body disposed of by
Inspector Narender Singh and MHC Darshan Singh in Rajasthan Feeder Canal,
but a picture of the suicide note has been recovered from the mobile of HC
Sukhmander Singh. Inspector Narender Singh had also died due to accidental
gun shot injury. As per the allegations of the complainant, Ranbir Singh,
present petitioner was suspecting a relationship between deceased Jaspal Singh
and his daughter Simmu. Said Ranbir Singh, present petitioner allegedly
hatched a conspiracy with co-accused-Roshan Singh to get deceased Jaspal
Singh implicated in a false criminal case and in case the plan did not succeed,
then the co-accused-Roshan Singh was to kill him.
4. Learned counsel for the petitioner contends that the petitioner was
not named initially in the FIR and was arrayed as an accused on the strength of
the disclosure statement suffered by Jaswant Singh @ Bitta, co-accused. He
further contends that Jawant Singh @ Bitta has already been granted the
concession of bail by this Court. As per learned counsel, similarly placed co-
accused Roshan has also been granted the concession of bail by this Court.
Learned counsel submits that the petitioner was arrested in the present case on
11.06.2019 and is in custody since then. The prosecution has been able to
examine only 15 witnesses, out of total 37 witnesses, so far. Thus, the custody
of the petitioner will not serve any meaningful purpose. Learned counsel for
the petitioner has relied upon the judgments passed by the Hon'ble Supreme
Court in the matter of "Ranjan Dwivedi Vs. CBI, through the Director
General, 2012(8) SCC 495; 2012 (4) RCR (Criminal) 880" and Gudikanti
Narasimhulu and others v. Public Prosecutor, AIR 1978 SC 429.
5. On the other hand, learned State counsel has vehemently opposed
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the submissions made by learned counsel for the petitioner on the ground that
07 other cases have also been registered against him and out of those cases, the
petitioner has been convicted in six cases.
6. I have heard learned counsel for the parties and perused the record.
7. In the present case, the petitioner was arrested on 11.06.2019 and
the prosecution has been able to examine only 15 witnesses, out of total 37
witnesses. Apart from that, the petitioner was nominated as an accused on the
basis of the disclosure statement suffered by Jaswant Singh @ Bitta, who has
already been granted the concession of regular bail by this Court. Another
similarly placed co-accused Roshan Singh @ Har Roshan Nath has also been
ordered to be released on bail by this Court, vide order dated 12.05.2023 in
CRM-M-37891-2022. Thus , no purpose would be served by keeping the peti-
tioner behind bars.
8. Without commenting on the merits of the case, the present petition
is allowed and the petitioner is ordered to be released on bail subject to his
furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty
Magistrate/Chief Judicial Magistrate, concerned, subject to the following
conditions:-
(i) The petitioner shall not directly or indirectly make any in-
ducement, threat or promise to any person acquainted with
the facts of the case, so as to dissuade him to disclose such
facts to the Court or to any other authority.
(ii) The petitioner shall remain present before the Court on the
dates fixed for hearing of the case.
(iii) The petitioner shall not absent himself from the Court
proceedings except on the prior permission of the Court
concerned.
(iv) The petitioner shall surrender his passport, if any, (if
already not surrendered), and in case he is not holder of
the same, he shall swear an affidavit to that effect.
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(v) The petitioner shall also file his affidavit before the
concerned Court, mentioning his ordinary place of
residence and number of mobile phone, which shall be
used by him during the pendency of the trial. In case of
change of place of residence/mobile number, he shall share
the details with the concerned Court/learned Trial Court.
(vi) In case, the petitioner involves in any other criminal
activity, during the pendency of the trial, it shall be viewed
seriously and the prosecution shall be at liberty to move a
petition for cancellation of bail granted to him.
(vii) The concerned Court may insist on two heavy local sureties
and may also impose any other condition, in accordance
with law, while accepting the bail bonds and surety bonds
of the petitioner.
(viii) The petitioner shall report every 1st Monday of English
calander month before the concerned SHO till the
conclusion of the trial and SHO shall mark his presence by
making an entry in the rojnamcha. In case, he does not
report on every 1st Monday before the concerned SHO, it
shall be viewed seriously and the concession granted to
him shall be liable to be cancelled and the State of Punjab
shall be at liberty to move an appropriate application in
this regard.
(N.S.SHEKHAWAT)
29.01.2024 JUDGE
hemlata
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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