DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application for bail by six police officers. The Additional Judge, Special Court, Ludhiana, refused bail to them giving rise to this petition.

(2.) It appears that the petitioners purporting to investigate a case of theft went to Kesarganj Mandi in Ludhiana town, taking with them two suspects of the theft, so as to point out where and to whom they had sold the stolen wheat. In that process, they took hold of Ram Parkash, a Commission Agent, and came across Jagat Ram Thapar, another Commission Agent. Ram Parkash, Commission Agent, was allegedly given fist and kick blows and was even hand-cuffed. Ram Parkash allegedly died while still in handcuffs. On commotion, some people from the market got collected there. The police then fired 2 shots, one of which caused an injury on the forehead of Jagat Ram Thapar. Then unlocking the handcuffs of Ram Parkash, the police party is said to have gone away on its jeep. Jagat Ram Thapar then reported commission of crime under S. 304/307/148/149, Penal Code, and S. 25/27, Arms Act, at Police Station Kotwali Ludhiana on. Dec.6, 1984. The Police of Kotwali Police Station was able to establish the identity of the petitioners as the accused of the suggested crime.

(3.) The accused-petitioners were arrested on Dec. 13, 1984. They were remanded to police custody from time to time. On Dec. 31, 1984, they were produced before a Magistrate at Ludhiana. Instead of the accused-petitioners pleading for their case for bail, the investigation pleaded for bail to them on the ground that prima facie offence under S. 352, Penal Code, alone appeared to have been committed. The learned Magistrate readily granted bail to the petitioners. Jagat Ram Thapar, the first informant, being aggrieved against the said order approached this Court in Criminal Misc. No. 70-M of 1985, Reported in (1985) 1 Rec Cri R 327 seeking cancellation of bail.