JOGGA SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Jogga Singh, who is behind the bars since 26/4/2021, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.142 of 2007, dtd. 1/7/2007, registered at police Station, Dhalli, District Shimla, H.P. under Ss. 302, 201, 323 read with Sec. 34 of IPC and Sec. 181 of the Motor Vehicles Act.

(2.) Respondent-State has filed the Status report and SI Ranjeet Singh, has also come present alongwith the record. Record perused and returned.

(3.) Perusal of status report/record made available to this Court reveals that on 1/7/2007, complainant Virender Negi got his statement recorded under Sec. 154 Cr.P.C., alleging therein that on 30/6/2007, he alongwith his friends, namely Harish, Nitin, Vikas Verma, Vineet, and Amit Joshi, purchased two bottles of liquor (Royal Stag) at 8:00 PM from liquor vend at Sanjauli and after getting few eatables item packed went towards Kalyani Helipad, Chharabra in Maruti Car No. CH-03- 0326. He disclosed to the police that they all consumed 1 ½ bottle of liquor at Kalyani Helipad while sitting in one corner and started dancing. He alleged that on the other corner of Helipad four vehicles were parked and few people were also dancing outside their cars. Complainant, named hereinabove, disclosed to the police that after some time, two vehicles left and when they had finished/consumed 1 ½ bottle of liquor, one person came from other end of Helipad and asked for water. He alleged that he does not know whether his friend Vikas Verma gave him water or not, but he went alongwith that person on the pretext that he wants to dance on Punjabi songs. Complainant alleged that after some time at 11:00 PM, when he went for urination, he saw that Vikas Verma was lying on the ground and some people were giving him beatings. Complainant alleged that they were 10 to 11 in number and when he tried to save/rescue Vikas Verma, he was hit with something on his knee by some person, as a consequence of which, he became unconscious. Complainant alleged that after some time, he and his other friends Amit, Harish, Nitin and Vineet made him awake and disclosed that some people driving PB number Silver Metelic car run over their vehicle over Vikas Verma and fled away from the spot. Complainant alleged that they all brought Vikas Verma to IGMC in car, but he was declared brought dead. Complainant disclosed that all the persons, who gave beatings, were of age of 20-21 and he can recognize 2-3 persons, if brought before him. On the basis of aforesaid statement of complainant recorded under Sec. 154 Cr.P.C, FIR, as detailed hereinabove, came to be lodged. During investigation names of Gurpreet Singh, Anish Khan, Kuldeep Singh, Aman Bhardwaj and Shishu Pal were surfaced. Allegedly, during investigation above named persons disclosed to the police that present bail petitioner Jogga Singh was also alongwith them and as such, Jogga Singh also came to be named in the challan filed under Sec. 173 Cr.P.C. However, since above named Jogga Singh and other accused Gurvinder Singh failed to make themselves available for investigation, they were declared proclaimed offender vide order dtd. 3/11/2007. Record reveals that proceedings under Sec. 299 Cr.P.C., was initiated against the proclaimed offenders, named hereinabove, including the present bail petitioner and vide order dtd. 23/3/2019 prosecution evidence under Sec. 299 Cr.P.C. was closed and file was consigned to the record room. Record reveals that other co-accused, named hereinabove, were acquitted of the charges framed against them from the court of learned Sessions Judge (Forest) Shimla. Being aggrieved and dissatisfied with the acquittal of the accused, named hereinabove, respondent-State has filed appeal, which is pending adjudication before this Court. On 26/4/2021, police arrested the present bail petitioner pursuant to proclamation issued on 3/11/2007 and since then present bail petitioner is behind the bars. Since challan against the petitioner stands filed in the competent court of law and nothing remains to be recovered from him, he has approached this Court in the instant proceedings for grant of regular bail.