STATE Vs. RANJIT SINGH

JUDGEMENT

(1.) This is an application under section 439(2) of the code of Criminal procedure for cancellation of the bail of respondent Ranjit Singh. It is alleged that the respondent has been intimidating two prosecution witnesses. Three incidents are mentioned. First relates to 7 May, '78 when witness Kundan Lal was threatened which resulted in proceedings under section 107/150 of the code of criminal procedure. Second is of II May, 1978 when witness Darshan Lal Lodged a report with the police and a case under Section 506, Indian Penal Code was registered against the respondent. Thirdly, a case under Section 307/34 Indian Penal code was registered against the respondent on August, 29, 1978 since he attempted to assault the said Kundan Lal and, in fact, stabbed his brother-in-law Shyam Sunder. In these circumstances the state alleges that the witnesses are being subjected the pressure, intimidiation and, threats, with a view to deter them from deposing truthfully in court.

(2.) The respondent has, in reply placed on record copies of the various reports made by be respondent and or the members of his family from time to time. It is apparent from the report (Annexure B to the reply) submitted by Assistant Sub Inspector Gopal Dass of Police Station Shahdara, to the Sub Divisional Magistrate, that at one time the respondent, Kundan Lal and Darshan Lal were working as property dealers. Thereafter they separated and the respondent started working independently. There were some disputes between the parties and on August, 31, 1975 ASI Gopal Dass requested the sub Divisional Magistrate to take security proceedings against both the parties. On September, 12, 1975 sub inspector Sukh Lal of Police Station Shahdara, Delhi arrested amongst others, the respondent and Kundan Lal under Section 107/151 Criminal Procedure Code. On November, 10, 1977 the day of Divali, it is alleged that the respondent fired three shots from his revolver at Darshan Lal. Though Darshan Lal escaped one of the shots hit a passer by Fakhruddin who died. The respondent was arrested under Section 302, Indian Penal Code on November, 15, 1977. Incharge of police post Shahdara, sent Kalendra under Section 107/150 Criminal Procedure Code, to the Sub Divisional Magistrate against amongst others, Darshan Lal and Kundan Lal. It was stated that Darshan Lal and others tried to raise communal feelings and to have Hindu Muslim riots. It was also apprehended that Darshan Lal, Kundan Lal and others were out to fight with the party of the respondent and so security processing against them were requested. On march 19, 1978. Takht Sing, brother of the respondent, lodged a report with Police Station Shahdara, that Darshan Lal along with two other persons had come to his shop to kill him and burn his shop.

(3.) It was on January 23, 1978 that the respondent was directed to be released on bail. On May II, 1978 Darshan Lal and Kundan Lal lodged a report against the respondent alleging that the latter had threatened to launch false prosecutions in Delhi and other parts of India against them. It was further alleged that on April 10, 1978 at about 10 p.m. the respondent had shouted outside their house that any one daring to give evidence against him shall be done to death. The respondent, his brother and father were cread under Section 506 Indian Penal Code, but lateron released on bail. Thereafter the respondent complained to the Home Minister against Darshan Lal and Kundan Lal.