GOLDY MASIH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 59 of 2018, dated 14.07.2018, under Sections 353, 332, 307, 473 read with section 34 IPC and Sections 25 and 27 of the Arms Act, registered in Police Station Kot Kehloor, District Bilaspur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 14.07.2018 police of Police Chowki Shri Naina Devi were informed telephonically that in Himgiri Hotel, near Rest House Naina Devi, firing incident took place. Acting upon the information, police visited the spot and recorded the statement of Shri Ramandeep Singh (complainant in FIR No. 59 of 2018) under Section 154 Cr.P.C. As per the complainant, he is Dy.S.P. Mohali and on 13.07.2018 three persons after firing gun shots took white verna car, having registration No. UP37H-7272. He has further stated that qua this incident, FIR No. 151 of 2018, dated 14.07.2018, under Sections 395 and 307 IPC and Section 25 of the Arms act had been registered in Police Station Sohana. The mobile phone of the complainant (in FIR No. 151 of 2018) was in the vehicle, so police tracked the mobile location, which came towards Kharad. Shri Ramandeep Singh, Dy.S.P. alongwith other police personnel followed the mobile location and came to Shri Naina Devi and a white car was found parked near the PWD Rest House, which was having registration No. PB-10EJ-7200. The number plate of the vehicle was hanging diagonally and it seemed that the number plate had been changed. As the another team of the police was coming, so the complainant (Shri Ramandeep Singh) alongwith Driver, Shri Lakhbeer Singh, was waiting for them near Himgiri Hotel and it was 02:30/02:45 a.m.. They spotted three persons roaming and they resembled like the complainant (in FIR No. 151 of 2018) disclosed, so he asked them to stop for interrogation. These three persons came out of the vehicle and started firing at them. There was cross-firing and scuffle and ultimately they manage to overpower two persons and one fled away from the spot. The nabbed persons disclosed their names as Goldy Masih (petitioner herein) and Amanpreet Singh and on being searched one pistol was recovered from the petitioner. Third person, namely Sunny Masih, who was injured, was later found and sent to CHC Ghawandal. As per the complainant (Shri Ramandeep Singh), the matter was reported to the police and his statement was recorded by the police under Section 154 Cr.P.C., whereupon police registered a case and the investigation ensued. On 14.07.2018 police photographed the spot and injured Shri Ramandeep Singh and Shri Lakhbeer Singh were medically examined at CHC Ghawandal and the injuries were opined to be simple in nature. Forensic team visited the spot and collected the scientific samples. Police recorded the statements of the witnesses. The petitioner and co-accused Amanpreet Singh were arrested and when vehicle of the accused was searched a mobile phone was recovered, which was of Goldy Masih. As per the police, injured Sunny Masih (co-accused) succumbed to his injuries, so his body was sent for postmortem examination to SLBSGMCH, Nerchowk. The petitioner and co- accused Amanpreet Singh were extensively interrogated and statement of accused Amanpreet Singh was recorded under Section 27 of the Indian Evidence Act. He got recovered two number plates of the vehicle, which were taken into possession. The petitioner also made a disclosure statement under Section 27 of the Indian Evidence Act and got recovered a pistol from the bushes. Records, qua the appointment of Shri Ramandeep Singh, Dy.S.P. and other police officials, who were accompanying him, were procured from Punjab Police Department. The investigation further revealed that on 06.07.2018 one Shri Anil Malhotra reported to the police that his verna car, having registration No. PB10EJ-7200, has been stolen. Police also found that a case has been registered against deceased Sunny Masih and his accomplices in Police Sation Nagrota Bagwan, District Kangra, under sections 379, 489, 188 IPC and Section 25 of the Arms Act. During the course of investigation it was found that on 13.07.2018, at about 11:30 p.m. the petitioner alongwith the deceased and co-accused Amanpreet Singh and other two accomplices were going in their Ritz car and they stopped verna car, having registration No. UP37H-7272. They picked up a quarrel with the occupants of verna car and also fired a gun shot on one of the occupant of the car, i.e., Shri Navneet Singh. Thereafter, they took the verna car and Shri Navneet Singh reported the matter in Police Station Sohana. In sequel to the report made by Shri Navneet Singh FIR No. 151 of 2018, dated 14.07.2018 was registered. It has come in the investigation that near Kurali both the number plates of the verna car were removed and thrown in the bushes and number plates, having number PB10EJ-7200, were affixed by the accused persons. Deceased Sunny Masih, as per the report of the Medical Officer, died due to gun shot injury to thoracic organs (lungs) and abdomen leading to haemmorhagic shock. As per the police, on 10.10.2018 challan was presented in the Court and now the case is listed for 18.10.2019. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. There is possibility that in case at this stage he is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.