STATE DELHI ADMINISTRATION 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 May 7, 1978 when witness Kundan Lal was threatened which resulted in proceedings under Section 107/150 of the Code of Criminal Procedure. Second is of May 11, 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.hirdly, 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 to pressure intimidation 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 made by the 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 respondent and Kundn Lal, 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 arrested, amongst others, the respondent and Kundan Lal under Section 107/1511 Criminal Prodedure Code. On November 10, 1977, the day of Diwali, 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 paserby Fakhr-ud-Din who died. The respondent was arrested under Section 302, Indian Penal Code. On November 15, 1977 Incharge of Police-Post Shahadara 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 proceedings against them were request. On March 19. 1978 Takht Singh, brother of the respondent, loged a report with Police Station Shahadra that Darshan Lal alongwith 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 11,1978 Darshan Lal and Kuadan 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 allegs I 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 arrested under Section 506, Indidn Penal Code, but later on released on bail. The eafter the respondent complained to the Home Minister against Darshan Lal and Kundan Lal.