JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners who are required to be arrested in F.I.R. bearing No. 22 of 1994 pertaining to Police Station Ropar/Roop Nagar dated 2nd March, 1994, for offences under Sections 364, 323 and 342 of the Indian Penal Code pray for their pre-arrest bail. This request being declined to them by Additional Sessions Judge, Roparvide order dated 15th March, 1994, they have come up in this court.

(2.) On the information of Surjit Singh Bindrikhiya case against the petitioners was registered on 2nd March, 1994, under various offences under the Indian Penal Code referred to above. It is narrated in the F.I.R. that the informant was a Punjabi Singer. His house was situated at Jujhar Nagar, Near Railway Station, Ropar. One room and a kitchen in the said house was rented out to one Bhaiya who was residing there with his children. The said Bhaiya was causing harassment to other tenants. In the morning of 31st March, 1994, he went away after telling the Bhaiya to vacate the house. On 1st March, 1994, at about 8.30 P.M. he alongwith his assistant Charan Dass Ghanni and Ravinder Singh a Car Driver went to have a round of his house and found that Bhaiya and his wife were not present at home. Enquiries were made about his whereabout from the neighbourhood. On this, it is stated, many people residing in the nearby houses collected there and started rebuking him and his companions. The informant did not know the name of any one who was abusing them. However, the complainant told them that they were only looking for Bhaiya who was a tenant in the house. However, by that time petitioner Constables, one of whom was in uniform came there and caught hold of him and his companion Charan Dass Channi. They also slapped them and hit them on the various parts of the body with rifle Butts. Thereafter, the complainant and his companion were taken to Railway Chowki. The Driver, however, managed to slip away and fled in Maruti Car. The complainant and his companion were taken to the police post and were handcuffed. Two gold chains and two gold lockets which belonged to the complainant were retained by the petitioners. At about 11.00 P.M. one Jagir Singh came to Police Post along with some other persons and got the complainant and his companion released. The prayer of pre arrest bail was declined by the learned Additional Sessions Judge, Ropar, primarily on the ground that the gold ornaments snatched by the petitioners are yet to be recovered.

(3.) The learned counsel for, the petitioners has placed number of documents on the record which according to him would be sufficient to demonstrate that petitioners have been involved on account of influence exerted by complainant who is popular Punjabi Singer. Annexure P-2 is a copy of Report No. 35 dated 2nd March, 1994 and was recorded at 6-10 (It is not clear from the document whether it was in the morning or in the evening). It was recorded by Ravinder Mohan Assistant Sub Inspector. AS.I. alongwith Head Constable Jaswinder Singh, Constable Surjit Singh and Constable Chhinderpal Singh of Police Post, G.R.P. Ropar arrived at Police Station City Ropar and it is mentioned in the report that since the over-powered two persons were quarrelling within the Railway boundary were detained in the police post after they had been over-powered by Constables Jagjit Singh and Amrik Singh had been got released forcibly by Amrik Singh in connivance with S.H.O. Avtar Singh and had been sent away alongwith Avtar Singh, S.H.O. of Police Station City, before their arrival was awaited. The S.H.O. was informed of his releasing the two over-powered persons which obviously, refers to the complainant and his companion. Annexure P-3 is order dated 7th March, 1994, vide which suspension of Constable Amrik Singh was ordered by S.I. Santokh Singh, S.H.O. C.R.P.S. Sirhind vide D.D.R. No. 6 dated 3rd March, 1994 on account of mis-behaviour with Constable Jagjit Singh and Constable Amrik Singh i.e., petitioners and helping to release apprehended accused Surjit Singh Bindrikhiya and Charan Dass Channi without the permission of his senior officers in connivance with S.I. Avtar Singh S.H.O., Police Station City, Ropar was approved. Annexure P-4 is Report No. 23 dated 1st March, 1994. The same has been recorded by A.S.I. Ravinder Mohan on receipt of telephone. It is mentioned therein that control message from Constable Jagjit Singh, Police Post Railway Ropar was received. It was informed to him that Surjit Singh Bindrikhiya, who is a singer and armed with a revolver and three other persons were quarrelling with the public within the Railway boundary, Ropar and out of whom as per infonnation of the petitioner, two had been overpowered; one was Surjit Singh Bindrikhiya and other was his companion Charan Dass. The remaining two persons fled away in Maruti Car. A.S.I. Ravinder Mohan on telephone was requested as per the report mentioned above to reach at the spot as early as possible. Annexure P-S once again is a report No. 10 dated 1st March, 1994, recorded by A.S.I. Ravinder Mohan. It was entered therein that he reached the spot alongwith Head Constable Jaswinder Singh, Constable Surjit Singh and Constable Chhinder Pal Singh, as per information received from Jagjit Singh. The narration recorded in the report, obviously on the information of the petitioners was that they were present at Police Post Ropar when they heard hue and cry at the side of Railway Phathak. They proceeded towards the spot and found 4/5 persons, two out of whom were having revolvers were beating some persons and administering threats that any one who dare to come near them would be shot at. Out of them two persons were brought in the Police Post i.e. Surjit Singh Bindrikhiya and Charan Dass Chhanni and the remaining two persons managed to fled away in the Maruti Car. Annexures P-8 to P-il are the entires vide which the petitioners had deposited the recovered articles from the spot which included gold chains etc. in the Malkhana.