TMI Blog2020 (9) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... suspicion which it has not been prima-facie able to succeed. In the case of SUSHILA AGGARWAL AND OTHERS VERSUS STATE (NCT OF DELHI) AND ANOTHER [ 2020 (1) TMI 1193 - SUPREME COURT] , the Supreme Court has held that an order of anticipatory bail does not in any manner limit or restrict the rights or the duties of the police/investigating agency to investigate into the charges against a person who seeks and is granted pre-arrest bail. More so, a million dollar question arises whether under the garb of interim bail/anticipatory bail, the hands of the investigating agency can be tied so as to frustrate its endeavours to unearth the truth and reach into the circumstances unfolding into the manner of the crime. If it would have been the intention of the legislature then no crime in this world could have been detected and the culprits would have gone scotfree - In JAPANI SAHOO VERSUS CHANDRA SEKHAR MOHANTY [ 2007 (7) TMI 572 - SUPREME COURT] , the Supreme Court of India has held that general rule of criminal justice is that a crime never dies. Applying the same very ratio to the instant case, a look at the complaint and undisplaced facts before this Court, shows that since the day of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .S. Nagar (Mohali), has come up in this first bail application under Section 438 Cr.P.C. before this Court. Upon hearing Mr. A.P.S. Deol, Senior Advocate assisted by Mr. Himmat Singh Deol, Advocate for the petitioner as well as Mr.Siddharth Luthra, Senior Advocate; Mr. Harin P. Raval, Senior Advocate, assisted by Mr.Karan Bharihoke, Mr. Sheezan Hashmi, Mr.Anmol Kheta, Advocates; Mr. Sartej Singh Narula, Special Public Prosecutor; Ms.Anusha Nagarajan, Dy. Advocate General, Punjab and Ms. Diya Sodhi, Assistant Advocate General, Punjab representing the respondent/State and on perusal of the records at length. The accused petitioner is Ex-DGP Punjab, who demitted his office as such in the year 2015 and retired in the year 2018. The allegations against the petitioner and others, who all happen to be Ex- Police officials, have come from present complainant Palwinder Singh Multani son of Sh.Darshan Singh Multani, IAS (now deceased) and brother of Balwant Singh Multani; the latter alleged to have been killed in State-managed elimination around the month of December 1991. The allegations are to the effect that Balwant Singh Multani (hereinafter referred to as the deceased ) was employed as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the deceased in his endeavour to know the whereabouts of his son, took refuge to various legal recourses but did not meet with any success, apparently because of the great political patronage, power and influence wielded by the petitioner. It is consequent thereupon, after father of the deceased too died in the year 2015, the brother complainant took up the cudgels and that is how the present case was got registered. Mr. A.P.S. Deol, Senior Advocate assisted by Mr. Himmat Singh Deol, Advocate representing the petitioner has laid a scathing attack citing political vengeance for false implication of the petitioner in this case. Learned counsel has drawn at length through the various events of the past to bring about the causes of this enmity of the present regime with the petitioner. It is submitted that earlier Hon ble the Supreme Court of India in Criminal Appeals No.753-755 of 2009 titled State of Punjab v. Davinder Pal Singh Bhullar others etc. decided on 07.12.2011, had passed orders declaring the proceedings to be a nullity and the FIR so registered by the CBI stood quashed. It is claimed that once the proceedings have been set-aside, subsequent FIR on the same very averments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le police encounters/State-managed eliminations and have even cited a judgment of this Court in Vinod Kumar vs. The State of Punjab and others 1996 (1) PLR 325 to impress upon the Court that the petitioner had even gone to the extent of overawing the Courts. It is submitted that the letter bearing No.19719 dated 06.06.2020 of the office of Senior Superintendent of Police, Batala shows that even after his retirement, the petitioner wields much influence and had the audacity to retain the vital police files which could be of incriminating nature against his interest. Much stress is sought to be laid on the evidence that has come up subsequent to the bail order dated 11.05.2020 of learned Additional Sessions Judge, SAS Nagar Mohali, submitting that former police officials SI Jagir Singh, SI Kuldip Singh and SI Har Sahai Sharma have become the approvers and have admitted how while in police custody Balwant Singh Multani was tortured and eliminated and the manner in which they had produced an accused impersonating as Balwant Singh Multani when it was apparent that he had already been put to death much prior thereto and had only secured the remand to escape being prosecuted in this elimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed upon the family how there has been murder of the deceased at the hands of the petitioner and his cohorts. It is contended that custodial interrogation of the petitioner is very much essential to unearth the manner in which the deceased Balwant Singh Multani was interrogated, tortured and eliminated and the persons responsible during this recourse and how his body was disposed off, and which has its cascading effect on the entire prosecution story, which necessitates that the petitioner be arrested and interrogated to unearth all these vital evidences against him. The Court has given a thoughtful consideration to the submissions of the two sides. The claim of Mr.A.P.S. Deol, Senior Advocate that vide orders dated 07.12.2011 (Annexure P10) passed by the Supreme Court in Criminal Appeals No.753-755 of 2009 titled State of Punjab v. Davinder Pal Singh Bhullar others etc. decided on 07.12.2011 the FIR was quashed, debars fresh prosecution, does not impress the Court much. A close look at the orders of the Supreme Court of India (Annexure P10) shows that it was on account of misdemeanor arising out of few instances which are well illuminated in the said orders, the Court had allowed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er view in the case of Sushila Aggarwal and others vs. State (NCT of Delhi) and another 2020 (5) SCC 1, the Supreme Court has held that an order of anticipatory bail does not in any manner limit or restrict the rights or the duties of the police/investigating agency to investigate into the charges against a person who seeks and is granted pre-arrest bail. Even in an earlier view of the Supreme Court in Gurbaksh Singh Sibbia s case (ibid), same was the ratio. More so, a million dollar question arises whether under the garb of interim bail/anticipatory bail, the hands of the investigating agency can be tied so as to frustrate its endeavours to unearth the truth and reach into the circumstances unfolding into the manner of the crime. If it would have been the intention of the legislature then no crime in this world could have been detected and the culprits would have gone scotfree. In Japani Sahoo vs. Chandra Sekhar Mohanty (2007) 7 SCC 394, the Supreme Court of India has held that general rule of criminal justice is that a crime never dies. The relevant part of the judgment reads as follows:- 14. The general rule of criminal justice is that a crime never dies . The principle is refle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgent need arises to preserve the same from prying eyes of the petitioner, for the trial. Moreover, in such nature of crime the commission is in utmost secrecy and coming across witnesses is a herculean task in itself as it is more based on circumstances and common human experiences which were experienced in abundance by this State in those dark days. Since it is at this juncture, the investigating agency has woken up and gathered courage to investigate its own officer and therefore, the vital pieces of evidence which would come handy in leading to various leads would inch towards unraveling this puzzle which too has baffled the citizenry who are looking upon the justice system as a last resort to get justice. Even otherwise, it is a well settled proposition of law that provisions of Section 438 Cr.P.C. are to be sparingly used. In the light of the seriousness of offences that have come about there being every likelihood of petitioner stifling fair investigations and trial and for which custodial interrogation of the petitioner is very much essential to piece together this unfortunate incident, necessitates dismissal of the instant bail application. Ordered accordingly. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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