GAMDOOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of six petitions bearing Crl. Misc. Nos. M-38234 of 2011, M-38393 of 2011, M-19 of 2012, M-12259 of 2012, M- 17035 of 2012 and M-19753 of 2012, for grant of regular bail.

(2.) The FIR was registered on the basis of a letter written by District and Sessions Judge, Faridkot to SSP, when in a Criminal Appeal titled State Vs. Jaswant Singh arising out of an FIR No.256 dated October 1, 2009 under Sections 419, 420, 465, 467, 468, 470, 120-B IPC registered at Police Station, Faridkot, bailable warrants issued against accused Harmanjit Singh were returned unexecuted and a statement on oath was made by the person attempting to execute the warrants to the effect that accused Harmanjit Singh was a non-existing person and that actually he is one by the name of Arun Kumar son of Diwan Chand resident of House No. 181, Balvir Basti Faridkot. Said Harmanjit Singh had been putting in appearance before the trial Court during the course of trial and the matter needed thorough probe to determine the truth. A copy of the order dated January 12, 2011 passed by the Court of Sessions Judge, Faridkot was also sent alongwith the letter. The application was marked by SSP, Faridkot to Sh.Dilbag Pannu, DSP, Kotkapura who had investigated FIR No. 256 of 2009. He submitted a report about Harmanjit Singh son of Ajaib Singh S/o Bagh Singh resident of Deep Singh Wala to the effect that in the above titled criminal case bailable warrants issued against Harmanjit Singh were received back unexecuted as he was a non-existing person as per the report of ASI Balwant Singh of Police Station City, Faridkot. The said accused had been putting in appearance before the trial Court throughout the trial. On investigation, it was found that one person was residing with Jaswant Singh son of Jasmel Singh resident of Deep Singh Wala, who used to disclose his name as Harmanjit Singh son of Ajaib Singh resident of Deep Singh Wala. They had assaulted Hardev Singh son of Jangir Singh resident of Bhaloor, due to which FIR No.53 dated May 4, 2009 under Sections 308, 341, 323, 34 IPC stood registered against them at Police Station Sadar, Faridkot. Two other FIR Nos. 256 of 2009 and 27 of 2010 were registered at Police Station City, Faridkot. Harmanjit Singh was arrested in case FIR No. 53 of 2009 and was sent to judicial custody according to order dated November 20, 2009 passed by Sh.D.P. Singla, Chief Judicial Magistrate, Faridkot. He was arrested in FIR No. 256 of 2009 and 27 of 2010 and was confined in District Jail, Faridkot on judicial warrants. The photo of Harmanjit Singh was also made part of the record. The photocopy of warrants was taken and inquiry was conducted in the house of Ajaib Singh son of Bhag Singh resident of Deep Singh Wala where Kulwant Kaur wife of Ajaib Singh told that she had two sons, namely, Gurdeep Singh and Lakhwinder Singh and one daughter Sukhdeep Kaur and all were married. The photo affixed on the warrants was shown to her. Kulwant Kaur had stated that said person was not her son but it was a person who had been seen with Jaswant Singh son of Jasmel Singh son of Sardara Singh who is resident of their village but he is not son of Jasmel Singh also and he is outsider and residing in the house of Jaswant Singh, a resident of her village. These facts were also verified by Chowkidar Kundan Singh who told that he has got issued a wrong vote in the Village and also gave wrong address of Ajaib Singh son of Bhag Singh. During inquiry it also transpired that Nachhatar Singh son of Mehar Singh resident of Kothe Dode Wala used to cultivate the land of Balwant Kaur by taking the same on contract who had got the signatures of Balwant Kaur and her son Buta Singh on some forms and also obtained their photos by saying that he wanted to get temporary connection of electricity in the fields but instead of getting temporary connection of electricity he had forged an agreement of land of Balwant Kaur in favour of Arun Kumar son of Gian Chand son of Daulat Ram, resident of Samrala Chowk, Ludhiana. The said agreement of sale was scribed by Rajinder Singh Purba, Deed writer. Balbir Singh and Jasbir Singh stood as marginal witnesses to the said agreement of sale. In a civil suit titled as Arun Kumar Vs. Balwant Kaur, affidavit was given by Arun Kumar which was witnessed by Harmanjit Singh, though both the names are of one and same person. The said affidavit was attested by Notary Public Pritpal Singh Sukhija. They misled the Court and facilitated the passing of a decree in favour of Arun Kumar. So far as furnishing of bail bonds of bogus Harmanjit Singh in complaint under Sections 420, 467 IPC is concerned, Darbara Singh, Lambardar, Gurbachan Singh and Jasmel Singh gave surety bonds for bogus Harmanjit Singh. Regarding the registration of sale deed in favour of Arun Kumar, Vasika No. 1146 was registered at the bogus address of Arun Kumar son of Gian Chand. Gamdoor Singh appeared before the Sub Registrar, Faridkot, from the side of Arun Kumar and made a statement in the bogus power of attorney executed by Arun Kumar in favour of Jamsel Singh S/o Sardara Singh, Gagandeep Singh resident of Deep Singh Wala, stood in place of Arun Kumar and the said power of attorney was attested by Ravinder Bhatti, Advocate and witnessed by Buta Singh, Lambardar.

(3.) In case No. 256 of 2009, the surety regarding bail of bogus Harmanjit Singh was given by Harnek Singh, Panch, Jasmel Singh and affidavits given by them was attested by Vinod Kumar Sharma, Notary Public, Faridkot.