Mohan Singh v. State of Punjab

CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. A.S. Sullar, Advocate, for the petitioner. Rajan Gupta, J. The petitioner has prayed for pre-arrest bail in a case registered under Sections 223, 224, 225 & 120-B IPC at Police Station Sadar Abohar, District Ferozepur, vide FIR No.234 dated 19th November, 2008. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. According to the counsel, a perusal of the FIR would show that name of the petitioner has unnecessarily been added in the same despite the fact that allegations are actually against police officials. A perusal of the FIR shows that the instant case was registered as one Jasbir Singh alias Jagsir Singh son of Ajaib Singh, who was facing trial in a murder case, escaped from police custody on 19th November, 2008. The FIR was registered against two police officials with the allegations that they took the accused Jasbir Singh CRM No. M-5827 of 2009 2 alias Jagsir Singh to the house of the petitioner. The police officials as well as relatives of Jasbir Singh alias Jagsir Singh including the petitioner conspired to enable Jasbir Singh to escape. In my considered view, the allegations against the petitioner are very serious in nature as he played an active role in facilitating the escape of the accused who was facing trial in a murder case registered at Police Station Khujan Sarwar and was to be produced in court in another case registered at Jaipur on the said date. In the facts and circumstances of the case, the custodial interrogation of the petitioner will be absolutely necessary in order to take the investigation to its logical end. Since according to the allegations in the FIR, the petitioner has played an active role in the escape of Jasbir Singh alias Jagsir Singh, a murder accused, from custody, the concession of anticipatory bail cannot be granted to him. The present petition is thus dismissed. (RAJAN GUPTA) JUDGE March 17, 2009 'rajpal'