Harmesh Singh vs State of Punjab

R.C. Kathuria, J.

Harmesh Singh, petitioner, seeks bail in case FIR No. 18 dated 7.2.2001 registered under Sections 302/404/201/364 read with Section 34, Indian Penal Code, with Police Station, Khuiyan Sarwer, District Ferozepur.

The present case was registered on the statement of Kashmir Singh. On 25.1.2002, Kashmir Singh had gone to meet his brother Arjan Singh at Ferozepur. Arjan Singh was not present in the house and his sisterinlaw Jagir Kaur informed him that on 23.1.2001 Arjan Singh had gone to the Sugar Mill to attend his duties where he was employed but had not returned thereafter. Kashmir Singh then went to sugar mill and enquired about his brother. He was informed that Arjan Singh had attended to his duty on 23.1.2001 but thereafter he was absent and had not come to join his duty. The complainant searched for him in his relations. When he did not find Arjan Singh, he lodged Daily Diary Report No. 24 dated 27.1.2001 with Police Station Sadar, Fazilka wherein he mentioned that his brother Arjan Singh was missing since 24.1.2001 and he has failed to locate him. Subsequently, the complainant came to know that Arjan Singh was abducted by Des Raj, his nephew Harmesh Singh, residents of village Chakkeva, Police Station Sadar, Jalalabad, and by Jagir Kaur, sisterinlaw of the complainant, in a Maruti car bearing registration No DDR2597 after he was taken from sugarmill, Bodi Wala Pitha. The complainant had also mentioned that Jagir Kaur was having illicit relations with Des Raj and Harmesh Singh which was objected to by Arjan Singh.

During the course of investigation, petitioner Harmesh Singh is alleged to have made extrajudicial confession before Hari Singh, Member Panchayat, of his having committed the murder of Arjan Singh. The Police failed to locate the deadbody and on 20.2.2001 one lower jaw of a human body was recovered in the area of Police Station Hindumal Cot Rajasthan near the canal bridge. The Medical Officers including the S.M.O. Fazilka and Professor and Head of the Department of Forensic Medicine as well as Dr. J.S. Dalal of G.G.S. Medical College, Faridkot, could not declare the cause of death as well as identity of the person to whom the jaw belonged.

Counsel representing the petitioneraccused, while pressing for bail, has strenuously urged before me that the only evidence collected by the prosecution is an extrajudicial confession which on the face of it is unacceptable because it is highly improbable that petitioneraccused who is resident of Chakkhiva which is located at a distance of 40 kms. from village Khipawali, would have travelled all the way to make a confession before him regarding his involvement in the crime and that too when it is not the case of the prosecution that petitioneraccused had any acquaintance with him earlier to the alleged confession. He has also submitted that the medical evidence has failed to even establish the death of Arjan Singh and connect the recovery of jaw with him. It was pointed out by him that at no stage, the story of illicit relations of Jagir Kaur earlier to the disappearance of Arjan Singh had surfaced as had come during investigation of the case and that petitioner accused has been in custody for the last more than 8 months.

State counsel though opposed the submissions made but could not controvert the factual position pointed out on behalf of the petitioneraccused. Admittedly, there is no eyewitness to the crime and on the basis of extra judicial confession, involvement of the petitioneraccused is sought to be inferred. The merits of the respective stands taken by the parties are to be decided during trial.

Taking into account the totality of the circumstances on record, I accept the application and order that petitioneraccused shall be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Ferozepur.

Application allowed.