SAJJAN KUMAR Vs. STATE

JUDGEMENT

(1.) On an application us 438 of the Code of Criminal Procedure, the petitioner was directed to be released on bail. in the event of his arrest by the Central Bureau of Investigation. CBI Office, CGO Complex, New Delhi, on his furnishing a personal bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of the arresting officer. He was. however, directed to join the investigation as and when called upon by the 10 by a written requisition. This order wasassed on 11-9-90 and was communicated to the officers of the CBI by a telephonic message. Notice of this application was sent to the respondents for 26th September, 1990 to show cause, why anticipatory bail be not confirmed.

(2.) The respondent-OBI has filed the reply and has opposed the confirmation of the anticipatory bail of the petitioner on numerous grounds, namely :

(3.) In order to demonstrate the seriousness of the offence, learned Additional Solicitor General referred to the affidavit and the statement of Aawar Kaur which formed the basis of the registration of the case uss 147, 148, 149, 247, 430/34 Indian Penal Code against the petitioner and 5 others at police station Punjabi Bagh, New Delhi In brief, her case is that at the time of the assessination of the late Prime Minister Smt. Indira Gandhi, the petitioner alongwith her husband Shri Navin Singh, and children was living in her house No. A-4, Sultanpuri, Delhi. On 1-11-84, while she alongwith her other family members was present in her house, she saw thousands of people of the area armed with lathis, dandas, iron-rods and knives, looting the house of Sardars end setting them on tire. This mob was being led by MP Sajjan Kumar who was ins igating them that all male folks be burnt to death and their property be looted. Under that instigation, her husband was dragged out and attacked with a sharp-edged weapon and burnt to death after pouring kerosene oil on him. Thereafter, her house was also burnt. She took refuge in the house of her daughter Film Kaur, who was residing in D-Block Sultanpuri. Late at night, some people came there and removed the burnt dead body of her husband, which till date i not tracesble. This according to the learned Solicitor General is one of the most heinous crimes committed by the petitioner who is a known public figure of the area.