COURT ON ITS MOTION Vs. KULBIR SINGH

JUDGEMENT

(1.) ENCOURAGED by the order dated 24.2.1997, passed by Shri J.S. Korrey, Additional District and Sessions Judge, Ludhiana, granting bail to Kulbir Singh, Jasbir Singh, his co-accused, made a petition under Section 439, Criminal Procedure Code, for grant of bail in this court, which was dismissed vide order dated 13.5.1997 and at the same time, this court formulated an opinion that Kulbir Singh should be called upon to explain as to why his bail should not be declined. In pursuance of that notice, I am passing the present small order.

(2.) BEFORE I meet the contentions raised by the learned counsel appearing on behalf of Kulbir Singh, let me narrate the allegations which are the subject matter of FIR No. 132 dated 15.11.1996, registered in Police Station Raikot, District Ludhiana, under Section (sic) read with Section 34, Indian Penal Code. The FIR in this case was registered on the statement of one Paramjit Singh s/o Harchand Singh who stated that he was working as Secretary in Pakhowal Co-operative Society. He had two brothers, one is named Balbir Singh and the other Jagtar Singh. His brother Jagtar Singh had two sons; namely, Jagbir Singh aged 7 years and the younger is Balraj Singh, aged 5 years. Jagbir Singh was studying in Guru Hargobind Singh Public School at Mandi Ahmedgarh. He used to go to the school by the School Van. On the date of occurrence, Paramjit Singh made Jagbir Singh to stand at Bhainiwala Chowk as usual and he went aside in order to urinate himself at about 7.30 a.m. In the meantime, a Van bearing Registration No. DDA 7293 white colour came from Bhainiwala side. It stopped near the place where the nephew of Paramjit Singh was standing. Four persons were travelling in the Van. Two of them were sitting in the front seat and two were sitting on the back seat, and wrapped clothes around their bodies. A person who was sitting on the back seat caught hold of Jagbir Singh from arm and threw him into the Van along with the school bag and, thereafter, the Van sped away towards the side of the Bus Stop. The complainant further gave the identification of Jagbir Singh by stating that he was aged about 7 years, fair complexioned with white shirt, green pant, red jerssey with white strips and wearing black colour shoes and white socks. It was also alleged by the complainant that the four persons had abducted his nephew Jagbir Singh to kill. Ultimately, during the course of investigation, it was found that Kulbir Singh was one of the culprits. He applied for bail which was granted by Mr. Korrey vide order dated 24.2.1997, by stating as follows :-

(3.) WE are a country which is governed by the principles of law. Nobody is permitted to take the law into his own hands. If there was some dispute between Kulbir Singh and his wife it does not mean that he could resort to such illogical methods so as to put the life of a small kid in peril. The allegations of the First Information Report would show that an effort has been made by the disgruntled husband, who has taken the assistance of certain other persons, to kidnap a small child to compel his wife to arrive at a settlement. Law courts are supposed not only to interpret the law but also to preserve the dignity of law and to ensure that provisions of the law are executed in a deterrent manner so that no unscrupulous person like Kulbir Singh may take the law in his own hands.