HARBHAJAN SINGH DHATT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order I dispose of Crl Misc. No. 6427-M of 1997 titled Harbhajan Singh Dhatt v. State of Punjab and another - a petition moved by the petitioner for the recalling of the order dated 10th March, 1997 vide which bail was granted to respondent No. 2-Jaspal Singh D.S.P., on the basis of the alleged false averments made by the counsel appearing on behalf of respondent No. 2 before the Hon'ble Judge.

(2.) BEFORE I touch the submissions which are raised by the learned counsel for the parties, it will be useful for me to incorporate a few facts in order to show under what circumstances the death of Shri Kuljit Singh had taken place. According to the allegations of the prosecution, said Shri Kuljit Singh was abducted, tortured and subsequently was done to death. Last time he was in the custody of the Police Party, which was headed by D.S.P. Jaspal Singh respondent No. 2. Respondent No. 2 was the person who arrested the deceased from village Tahliwala Chowk on the night between 25th and 26th July, 1989. Though at one point of time the stand taken up by the State was that Shri Kuljit Singh escaped from the police custody, but this explanation never found favour with the Hon'ble Supreme Court even, which directed for a Commission of Inquiry. The Commission of Inquiry indicted respondent No. 2 besides other members of the Police Party and they were held prima facie guilty under section 364 of the Indian Penal Code. Respondent No. 2 filed a petition under Section 439, Cr.P.C., i.e. Crl. Misc. No. 3657-M of 1997. This petition came up for hearing before Hon'ble Mr. Justice Swatantar Kumar on 10th March, 1997. Bail was granted to respondent No. 2 and the following order was passed, which I would like to requote in order to appreciate the contentions of the parties :-

(3.) LIKELIHOOD of the accused repeating the offence or jeopardising his own life being faced with a grim prospect of possible conviction in the case.