WAZIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal Misc. No. 22027-M of 1998 whereby the petitioner Wazir Singh has prayed for the cancellation of anticipatory bail allowed to Anil Kumar, respondent by Sessions Judge, Jind in case FIR No. 442 dated July 7, 1998, registered in Police Station City Jind under Sections 302/343/34 IPC, vide order dated August 5, 1998.

(2.) ACCORDING to the facts being projected in the aforesaid FIR by Wazir Singh (who is lodger of the FIR), Raja, was his father's youngest brother. On June 30, 1998 at about, 4.00 p.m., he and his uncle Raja were present at their house situated in Hanuman Nagar, Jind, when the police party consisting of SI-Banwari Lal and ASI-Anil Kumar of Police Station Sadar Jind came in a jeep. They took his uncle Raja with them. He asked them the reason why Raja was being taken and they replied that he would come to know of the reason later. They seated Raja in the jeep and went away. He narrated the incident to his neighbour Girdhari Lal @ Nanha Caste Saini, Rangi Ram Pandit, Hawa Singh Saini, Bikha Ram Saini, and they accompanied him to P.S. Sadar Jind. On their arrival SI Banwari Lal and ASI Anil Kumar gave beatings to his uncle Raja. They asked them again about the matter why he was being beaten. Thereupon, they disclosed that he was to be interrogated about theft case, which he had committed in the house of Sultan Lohar. They requested them that they should release him and they would satisfy them. Despite their repeated requests, they did not release Raja. They returned to their house. On 1st, 2nd and 3rd July, 1998, Wazir Singh took Panchayat to the Police Station for the release of his uncle Raja, but they did not release him and they reiterated that they were to interrogate him about a theft case. Thereafter, he moved an application in the Court on July 4, 1998. Court issued notice. Only July 5, 1998, they learnt that his uncle Raja has been got admitted in Civil Hospital, Jind. They learnt that his uncle had been referred to MCH, Rohtak. Then, he (Wazir Singh) and Rangi Ram Pandit went to MCH Rohtak to know the condition of Raja. They saw that Raja's condition was serious and within their sight Raja breathed his last. The cause of death of Raja is the injuries caused to him by SI Banwari Lal and ASI Anil Kumar.

(3.) IT has been further alleged that the concession of anticipatory bail is being misused. Anil Kumar had been sending his uncle Bodh Raj, who is Hawaldar in Police, to pressurise the witnesses. In this regard, complaint has been made to Superintendent of Police, Jind (Annexure P.2). Grant of anticipatory bail will impinge upon the freedom of P.Ws. to depose before the Court.