Charanjit Singh vs State of Haryana

M.L. Singhal, J.

This is criminal misc. No. 18145M of 1998 whereby Charanjit Singh son of Banta Singh resident of Khuni Majra, has prayed for the grant of bail to him in case FIR 98 dated 15.12.1995 registered under Sections 148/149/396/302 of the Indian Penal Code read with Section 25 of the Arms Act at Police Station Naggal, District Ambala.

Prosecution case in brief is that on 15.12.1998 ASI Mohinder Singh of Police Station, Naggal, District Ambala was present at Matheri Chowk in connection with patrolling along with constable Vijay Bhan No. 506. At about 11.30/11.45 p.m., a tractortrolley of red colour was seen coming from the side of Ismailabad. Tractor was being boarded by five persons. Four of them were young in age while the fifth one was aged 40/45 years who was driving the tractor. ASI Mohinder Singh felt suspicion about them. He accordingly stopped the said tractortrolley. After the tractortrolley was stopped, he asked constable Vijay Bhan to check it. When constable Vijay Bhan reached near the tractortrolley, one person who was boarding the tractortrolley opened fire towards him (Constable Vijay Bhan) and other persons ran towards him (constable Vijay Bhan) and snatched carbine along with magazine which he (constable Vijay Bhan) was carrying. ASI Mohinder Singh immediately took position and opened fire from his service revolver towards the persons boarding on the tractortrolley. He fired two shots from his revolver on them and thereafter two shots were missed by the revolver. Then ASI Mohinder Singh heard one person amongst the assailants saying, "Oye Manjit, Jassey, Parshotam Matheri wal bhaag chalo" and they ran away towards village Matheri along with Government carbine as well as magazine. While running, they opened fire towards ASI Mohinder Singh and the fire shot hit his right arm. Constable Vijay Bhan died at the spot after receiving the gun shot. After some time HC Kulwant Singh No. 57, MBC Police Station, Naggal reached the spot who stopped a truck and put ASI Mohinder Singh in that truck. ASI Mohinder Singh was got admitted in Civil Hospital, Ambala. MHC Kulwant Singh sent intimation to Police Station, Naggal. Assailants left tractor trolley at the sport and themselves escaped under the cover of darkness.

In support of prayer for bail to Charanjit Singhpetitioner, learned counsel for the petitioner submitted that the arrest of Charanjit Singh was shown by Police Station, Nabha on 29.12.1995 and as per allegations of the CIA Staff petitioner was arrested along with carbine which is alleged to have been snatched in the encounter which took place in Haryana which culminated in the registration of Case FIR No. 88 dated 15.12.1995 ibid at Police Station, Naggal, District Ambala. Petitioner was released on bail by the learned Additional Sessions Judge, Patiala on 10.4.1996 so far as case registered at Police Station, Nabha on 29.12.1995 is concerned. It was submitted that according to the prosecution the main accused in the case relating to Police Station, Naggal in which an encounter took place on the night between 14/15.12.1995, two accused thereof namely Jagtar Singh Hawara and Balwant Singh stayed for a night on the next day of the incident and they left carbine with the petitioner, which was later on recovered by the Punjab Police. It was submitted that the petitioner is, thus, not involved so far as the case relating to the fire arm injury to Mohinder Singh and death of constable Vijay Bhan and snatching of carbine is concerned. At best the petitioner can be said to have harboured the accused after the incident and one cannot by any means stretch one''s imagination to say that the petitioner had any complicity in the case FIR No. 88 dated 15.12.1995 registered at Police Station, Naggal. It was submitted that there is no evidence collected during investigation to show that the petitioner was involved in the conspiracy. Evidence collected during investigation discloses that those five persons had conspired to plant RDX explosive on the main road of Ambala with a view to kill some VIP. It was also submitted that in case FIR 88 ibid, coaccused Harjinder Singh who had been assigned a similar role was allowed bail by this Court on 8.8.1996. It was submitted that petitioner has been in custody since 29.12.1995 and that there is long list of 42 witnesses to be examined by the prosecution. Trial will take quite long.

In this case there are 11 accused named Hakim Singh, Gurjit Singh, Narinder Kaur etc. As per the prosecution, allegation against Charanjit Singh is that after the commission of the crime involved in FIR No. 88, accused Jagtar Singh Hawara and Balwant Singh stayed with him and they kept the carbine and the magazine containing 15 cartgridges snatched from Vijay Bhan, with him.

After going through the police file, I feel that bail should be allowed to the petitioner. Even otherwise also trial is not making any substantial headway. Trial will take quite. Long long incarceration in jail without the trial making substantial headway offends the right of the accused to speedy trial inherent in Article 21 of the Constitution of India. So, bail to the petitioner to the satisfaction of the learned trial court.