SAHIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The contour of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of anticipatory bail and emanating from the record is that, complainant- Munish Kumar and his father Dharam Pal(deceased) were running Sharma Sweet Shop in Sadar Bazar, Samana. On 23.09.2013, they have set-up a Sweet Stall in a Fair at village Namadan, after paying rent to the concerned Mela Committee. According to the complainant that on 26.09.2013, Purshotam Sharma Kaushik, Press Reporter and a cameraman came to their shop on the pretext and interviewed his father in regard to the history of the Fair and went away. About 20 minutes thereafter, Pardeep Vohra @ Deepi and Sahib Singh(petitioner), Press Reporters again came to their shop along with camera. They told his (complainant's) father that one Subhash Chand had purchased sweets (Gulab Jamun) of Rs. 50/- from his shop, in which one living insect was detected. He after consuming sweets(Gulab Jamun) fell ill and was admitted in the Government Hospital. They threatened that if Subhash would die, then he will be responsible for his death. They asked him to settle the matter and demanded '1.5 lacs. Otherwise, they threatened that the photographs of the insect found in the sweets(Gulab Jamun) are with them and they will telecast his misdeeds. Not only that, the complainant made his supplementary statement, wherein he has alleged that earlier one Pardeep Kaushik, Journalist, had prepared a movie of their shop and had threatened to telecast the said movie. However, his (complainant's) father Dharam Pal(deceased) had paid Rs. 5,000/- to him. Then he sent Pardeep Vohra and Sahib Singh(petitioner) to their shop to extract money. They threatened that in case an amount of '1.5 lacs was not paid to them, they will telecast the movie showing insect in sweets(Gulab Jamun) sold from his shop. Dharam Pal had again paid Rs. 10,000/- to both of them, but they were adamant on their demand of '1.5 lacs. Dharam Pal was stated to have even touched their feet, but they gave kick blows in his chest. He started feeling pain in the chest and was immediately removed to the hospital, where he was declared dead.

(2.) Levelling a variety of allegations and narrating the sequence of events in detail, in all, the prosecution claimed that the petitioner and his other co-accused in order to commit extortion put Dharam Pal in fear, caused injuries, culminating into his death and committed the culpable homicide. In the background of these allegations and in the wake of complaint of complainant-Munish Kumar, the present criminal case was registered against the petitioner and his other co-accused, vide FIR No.167 dated 26.09.2013, on accusation of having committed the offences punishable under Sections 304-A and 506 IPC(Sections 385 & 386 IPC were added later on), by the police of Police Station Sadar Samana, District Patiala, in the manner depicted here-in-above.

(3.) Having exercised his right and remained unsuccessful before the Court of Additional Sessions Judge, now the petitioner has preferred the present petition for the grant of anticipatory bail in this Court in the indicated case, invoking the provisions of Section 438 Cr.P.C.