SANDIP SINGH @ SONA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CRM-M- 28791 of 2011 titled as Sandip Singh @ Sona Vs. State of Punjab (hereinafter referred to as the first petition) and CRM-M-29256 of 2011 titled as Palwinder Singh Vs. State of Punjab (hereinafter referred to as the second petition) as both have arisen from FIR No. 28 dated 31.3.2011, registered under Sec. 364A of the Indian Penal Code at Police Station Subhanpur, District Kapurthala, in which they have prayed for regular bail during the pendency of trial.

(2.) The FIR is registered on the complaint of Rashpal Singh @Ladi, who had alleged that his father was taken away by an unknown person on the pretext of purchasing the land of his sister Iqbaljit Kaur. It is further recorded in the FIR that they had received a phone call that his father is in the custody of the kidnappers and they had received Rs. 20,00,000.00for eliminating him and threatened that if he (complainant) wants to save his father, then he should give Rs. 50,00,000.00. Since the complainant could not manage Rs. 50,00,000.00, the kidnappers asked him to arrange Rs. 20,00,000.00. It is an admitted fact that neither the money was paid nor the kidnapped person was injured. Rather, it is the case of the prosecution that he was released by the kidnappers themselves.

(3.) Learned counsel for the respondent has submitted that the petitioners had made the statement about the kidnapping while in custody in FIR No. 47 dated 20.4.2011, under Sections 420,482,384,160 Indian Penal Code and 25/54/59 Arms Act, Police Station, City Phagwara.