Roshan Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 22.07.2024 ROSHAN SINGH ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ranjodh Singh Sidhu, Advocate for the petitioner.

Mr. Navdeep Singh, DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of bail under Section 439 of the Cr.P.C. in case FIR No. 157 dated 23.07.2020 under Sections 379-B, 120-B (Section 411 added later on) of the IPC registered at Police Station Bhikhi, District Mansa.

2.

Learned counsel for the petitioner at the outset referred to order dated 12.10.2023 passed by a Co-ordinate Bench wherein the petitioner was ordered to be released on interim bail subject to certain conditions:

"(i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.

-2- (iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence. (v) The petitioner shall deposit his passport, if any with the trial Court.

(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cell-phone number without permission of the trial Court.

(vii) The petitioner shall not in any manner try to delay the trial." It has been submitted that the false implication of the petitioner in the crime in question finds credence from the fact that while stepping into the witness box, the complainant had not supported the case of the prosecution as a result of which he was declared hostile. In support, learned counsel has drawn the attention of this Court to the testimonies of both the complainant PW-2-Satyawan and another material witness PW-1 Suresh Kumar @ Rohtash Kumar, annexed as Annexures P-6 and P-5 respectively, wherein it does stand reflected that they had been declared hostile during trial. Learned counsel for the petitioner has submitted that after the petitioner was enlarged on interim bail by a Coordinate Bench of this Court on 12.10.2023, he has not been involved in any other criminal case. The trial is unlikely to conclude in the near future as 18 prosecution witnesses still remain to be examined.

3.

Per contra, learned State counsel while opposing the prayer made by the learned counsel has not disputed that both the material witnesses stand examined and they had been declared hostile during trial.

-3Learned State counsel has admitted that 18 prosecution witnesses still remain to be examined.

4.

I have heard learned counsel for the parties and perused the material placed on record.

5.

Before proceeding further, it would be relevant to reproduce the contents of the FIR which reads as under:- "Copy of Statement, "Statement of Satyawan Son of Bhagirath Son of Baldev Ram, resident of Roopabas, P.S. Chokhata, District Sirsa aged about 38 year Mobile. No.88138-83496, stated that I am the resident of above mentioned address and working in agriculturist and blue life company. About 2 1⁄2 months ago, I had gone to Bhadra (Rajsthan) in lieu of work of blue life company where I met with Billu, resident of Kabrel, District Hissar, Mobile No.

70562-45981 who is working as fixing of glass on solar system at Bhadra and to whom I already know and who identified/talked me with person named Baba "identification aged about 36 years old, height 5' 7", fair complexion, Mula fashion and who stated to me that I am working as property dealer at Bhikhi, District Mansa and where my office is also situated. Thereafter, I have talked from my mobile Number 88138-83496 with person named Baba on his mobile number 98557-89194 and due to this good relations developed between us. Thereafter, he again met me i-2 times in Haryana and who asked me that one Killa land is on sale at Main road Bhikhi and deal would be final in about Rs.22 lakh. If you entered into agreement then you will gain profit of Rs.7/8 lakh after six months from this land and I believe/induced by person named Baba.

Today, the person name Baba called me at about 09:00 in morning that brother come at Bhikhi after taking money that your agreement of the above said land be made.

-4resident of Rohilla Bhiwani, District Hissar who is son-in-law of my uncle (Chacha) Krishan Kumar Son of Baldev Ram, resident of Roopabas and who is residing with me. We both on our motorcycle bearing registration No.HR-24 Y-3992 TVS Star+ Mark black colour by taking of Rs.

10 lakh in bag as stated by person named Baba reached at ITI Chownk Budhlada from village Roopabas through Fatehabad, Ratia and I called the person named Baba that we reached at Budhlada then he stated that you can stay nearby Bus Stand Budhlada then after some time, the above person named Baba called me that where are you then I told that present near Bus Stand Budhlada and who stated that you can stay here and have some tea/water and I am coming before you then we were waiting there of the above said person named Baba and when he did not come then I called to Baba that you did not come then Baba stated that we got late and come from Budhlada to main road Bhikhi and when we were behind about 25-35 meter from Royal Group of College Borawal then above said Baba called at about 02:45 PM that where have you reached and to whom I told that reached near Royal Group of College, Borawal and who stated that you stop there as I have sent my persons who will show you land regarding which agreement to be made and thereafter, will got written the agreement then after some time un-known person called from mobile of Baba that where are you then we stated that we present near Royal Group of college then time about 03:00 PM then two motorcycle out of which one is black colour and one is red colour and riding by two-two persons whose age in between 25-26 years, Mulla fashion, wearing pent-shirts stopped near to me and asked about our well being and also asked that how much money taken then I told that Rs.

10 lakh as stated by Baba which is in our bag then one person out of them took out one iron stick type instrument from his right side and shown to us and my money bag of blue colour and photo copy of my Aadhar Card and voter card also inside in the pocket of bag and same was snatched and runaway on their motorcycles along with Bag towards Bhikhi side and to whom I can identify after come in front of me.

-5Sandeep Kumar chased them but they know about the area running away and till now we searching them. We were coming after came to know about Police Station for giving information regarding this incidence but you met near cremation ground main road Budhlada Road Bhikhi. These four persons as per planning of above said person named Baba snatched my money bag. Legal action be taken against them. Statement is recorded with you, is correct. Sd/- Satyawan verified by Sd/- Angrej Singh SI P.S. Bhikhi Dated 23.07.2020."

5.

In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of bail to the petitioner. 6.

Accordingly, the instant petition is allowed and interim order dated 12.10.2023 whereby the petitioner had been granted interim bail is made absolute on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

7.

Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same.

(MANJARI NEHRU KAUL) JUDGE July 22, 2024 poonam Whether speaking/reasoned:

Yes Whether reportable:

No