OM PARKASH JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of concession of regular bail and emanating from the record, as claimed by the Central Bureau of Investigation (for brevity "the CBI"), is that petitioner Om Parkash Jain was a Cabinet Minister in Haryana Government, whereas his co-accused Zile Ram Sharma was the Member of Legislative Assembly, Haryana. On 24.7.2010, Karam Singh (deceased) son of Kashi Ram, was stated to have approached one Sanjay Jain, resident of village Gharaunda, in connection with the job of Clerk of his relative Sandeep son of Chamel Singh, in the Rest House, Karnal. Sanjay Jain advised him to meet the petitioner and he will telephonically inform him in this regard. Thereafter, Karam Singh had gone to Panipat and contacted Rajinder Sharma, his PA in the absence of the petitioner. As advised by Atul Jain, son of the petitioner, he (Karam Singh) again went to Panipat on the following day and had apprised the petitioner in regard to the pointed job of Sandeep. He (petitioner) handed over the relevant papers to his PA Rajinder Sharma for necessary action. Subsequently, Rajinder Sharma, PA had asked him that he had to pay a sum of Rs. 5 lacs for getting the job to his relative Sandeep. Karam Singh had informed the father of Sandeep in this respect. He agreed & gave a sum of Rs. 4,50,000/- to him (Karam Singh). He gave the pointed amount to Rajinder Sharma, PA of the petitioner for the purpose of getting job to his relative Sandeep.

(2.) Sequelly, it was claimed that complainant Rajinder son of Karam Singh (deceased) (for short "the complainant") had also applied for the post of Conductor in Haryana Roadways. In the same sequence, Rajinder Sharma, PA of the petitioner had asked him to pay a sum of Rs. 6,50,000/- for his job, but the matter was settled for a sum of Rs. 6 lacs in two instalments. Karam Singh was stated to have paid another sum of Rs. 3 lacs to Rajinder Sharma, PA of the petitioner. Neither, since Sandeep, relative nor Rajinder, son of Karam Singh (deceased) actually got the job, so, Karam Singh asked the PA of petitioner to return, but the indicated amount was not returned to him. Consequently, he moved the complaint dated 6.6.2011 (Annexure P4) to SSP Panipat in this regard. Similar applications were also moved to Deputy Commissioner and other higher authorities.

(3.) Likewise, the case of the prosecution further proceeds that on 7.6.2011, Karam Singh was lying in an injured condition with froth coming out of his mouth, near the ground adjacent to National Dairy Research Institute, Karnal. Subsequently, Karam Singh died. Suspecting the murder of his father, initially, complainant Rajinder has lodged a criminal case against the accused, vide FIR No.439 dated 7.6.2011, on accusation of having committed the offences punishable u/ss 302, 201 and 323 read with section 34 IPC in Police Station Civil Lines, Karnal. However, the complainant did not feel satisfied with the investigation carried out by the Haryana police and in the wake of CWP, bearing No.23980 of 2011 filed by him, the investigation of the case was transferred to CBI by this Court. During the course of investigation, the CBI concluded and rejected the theory of murder of Karam Singh, as projected by the complainant and came to a definite conclusion that the accused had not murdered the father of the complainant. In fact, he (Karam Singh) had committed suicide by consuming aluminium phosphate and the accused had abetted the commission of crime of suicide. In the background of these allegations, the CBI has registered and investigated a fresh criminal case against the petitioner and his other co-accused, namely, Zile Ram Sharma, MLA & Rajinder Sharma PA, for the commission of an offence punishable u/s 306 IPC. The petitioner fully cooperated with the investigation and the CBI did not arrest him at any stage. After completion of the investigation, the CBI submitted the final police report (challan) (Annexure P2) against the accused in the manner depicted here-in-above. They were accordingly charge sheeted for committing an offence punishable u/s 306 IPC, by way of charge sheet (Annexure P3) by the trial Court.