HAZOORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of two Criminal Misc. Petitions, bearing Nos. 20719-M of 1995 and 223 of 1996. The prayer in the first Criminal Misc. Petition No. 20719-M of 1995 is for cancellation of regular bail granted to respondents 2 to 10 by the learned Sessions Judge, Hoshiarpur, whereas prayer in Crl. Misc. Petition No. 223 of 1996 is for transfer of the case titled as 'State v. Lakha Singh' from the Court of Sessions Judge, Hoshiarpur, to some other Court.

(2.) PETITIONER is father of one Bagicha Singh, who was allegedly eliminated by respondents 2 to 10, whose bail is sought to be cancelled. Whereas, it is positive case of the petitioner that his son Bagicha Singh was killed in police custody i.e. in the custody of respondents 2 to 10, the case of the said respondents is that he was a hardcore terrorist and he escaped from the police custody while he was being taken for the purpose of recovery of arms. Earlier in point of time, petitioner filed Crl. Writ Petition in this Court praying therein that the enquiry may be got conducted by some independent agency. The learned Single Judge of this Court directed that the enquiry be conducted by the Sessions Judge, Hoshiarpur. Consequently, the enquiry was conducted and it was found, although prima facie, that "it would be safe and reasonable to conclude that the version with regard to the escape of Bagicha Singh from the custody of the police party headed by Inspector Lakha Singh, SHO, on 6.3.1993 at about 8 PM while being taken to Bariana Choe for the recovery of sten-gun is inherently infirm and too unnatural and improbable to be believed as correct and it seems to have been put forward with a view to justify the non-production of Bagicha Singh before the Court of Miss Manju Bala, Judicial Magistrate, Hoshiarpur, on 8.3.1993, on the expiry of police remand and in all probability, Bagicha Singh was eliminated by the police party." After the report of enquiry was submitted, the respondents herein applied for grant of anticipatory bail before the learned Sessions Judge which was allowed. On a petition filed by Hazoora Singh, praying for cancellation of anticipatory bail, this Court accepted the said prayer and cancelled anticipatory bail granted to the respondents by the Sessions Judge, Hoshiarpur. This order was passed on July 11, 1995. Thereafter, the respondents, it is made out from the records of the case, made some sort of application before the State Government that till such time there was sanction to prosecute them, they could not be arrested and prosecuted. The application was dismissed on October 28, 1995. On October 30, 1995 they surrendered and vide orders dated November 22, 1995, they were allowed regular bail by the Sessions Judge, Hoshiarpur. The prayer in the petition, as referred to above, is for cancellation of regular bail granted to the respondents-accused.

(3.) IN pursuance of the notice having been issued by this Court, reply has been filed in Crl. Misc. No. 20719-M of 1995.