MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of two connected petitions filed by Mewa Singh (Cr. Misc. M 30165 of 2010) and Bahadur Singh (Cr. Misc.M 30355 of 2011), who are involved in the case on the basis of complaint moved by Harjidner Singh alleging that the complainant was a victim of 1984 riots, which took place in Delhi, as a result of which complainant had shifted from Delhi to a village in Fatehgar Sahib. He had not been given any compensation being a riot victim by the government. The Petitioners along with Gurmit Singh and other villagers, who were never residents of Delhi got riot victim card by cheating the Government. The Petitioners not being riot victims had allegedly derived the benefit . The complainant also seems to have filed a writ petition seeking a direction to the Deputy Commissioner, Fatehgarh Sahib to hold an inquiry. The Petitioners pursuant to the interim order passed by this Court have already joined the investigation.

(2.) WITHOUT expression of any opinion regarding the validity of the documents sought to be produced, it is sufficient to observe that one of the co -accused of the Petitioners, namely, Gurmeets Singh has been granted the concession of pre -arrest bail and that the charge sheet stands already prepared against the Petitioners. It will not be appropriate at this stage to determine the authenticity of the documents, which are defence documents available with the Petitioners. It will also not be proper at this stage to enter into the disputed questions of fact regarding the authenticity of the said documents. It is not a case of custodial interrogation.

(3.) IN view of the above, the petitions are allowed and it is ordered that in case of arrest of the Petitioners, they will be released on anticipatory bail to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. They will intimate their address in case there is any change of the address during the pendency of the trial. They will not leave India without the permission of the court.