VICKY MANJITSINGH SETHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE anticipatory bail application preferred by the petitioners who are son and the father respectively, is rejected by the Sessions Court, Mumbai, and therefore, they have approached this court.

(2.) ONE Kuldip Singh Harnamsingh Chandok is working as clerk to advocate Mr.Siyal practising in City Civil & Sessions Court as well as in High Court. He also looks after the clerical work of other advocates.

(3.) ON 6th January 1997 at about 5.30 p.m. Kuldip Singh was proceeding from City Civil & Sessions Court towards High Court with a brief-case in his hand containing Rs.50,000/- and some papers relating to the flat of Rashmi Bhatnagar. Near the Army hotel, the petitioners, herein, along with two others and Ansari, advocate, got down from a car. Ansari, Advocate, went away. The petitioners proposed Kuldip Singh to come to advocate Parikh but Kuldip Singh told them that he was having work in the High Court and had no time. Thereupon, petitioner No.1 Vicky, is alleged to have given a blow on the neck of Kuldip Singh and thereafter others caught hold of him and put him in the car and drove towards Borivali. The petitioners and two other associates then man handled Kuldip Singh by assaulting with leather belt, stick and iron bar and then snatched away the documents and the amount of Rs.50,000/- from his grey colour brief-case. Kuldip Singh received bleeding injuries. He was given a shirt for changing as the one on his person had blood stains. Then at about 2.30 AM Kuldip Singh was taken by these persons in a car and left at Chakala and was thereafter sent in a rickshaw. Kuldip Singh had a sister staying in Andheri and he was taken there by the rickshaw driver. The sister of Kuldip Singh, after seeing his condition, gave a ring to the wife of Kuldip Singh at Ulhasnagar whereupon the wife and the mother-in-law of Kuldip Singh came to the house of Kuldip Singh's sister where he disclosed the incident as stated above. Kuldip Singh also asked his wife to call advocate, Siyal, which was done. Advocate Siyal with others took Kuldip Singh to Cooper Hospital where Kuldip Singh was examined and treated. Thereafter Kuldip Singh lodged complaint in the Police Station, Colaba, Mumbai on 7.1.1997 at 7.40 p.m.