Ranjit Singh vs State of Himachal Pradesh

Kuldip Singh, Judge

This judgment shall dispose of Cr.M.P.(M) Nos. 769 and 770 of 2012 filed by Ranjit Singh and Kuldeep Kumar, respectively, u/s 439 Cr.P.C. for releasing them on bail, in FIR No. 216/2011 dated 04.12.2011, registered at Police Station, Jawalamukhi, District Kangra, under Sections 420, 467, 468, 471, 120B IPC. It has been stated that petitioners have been arrested in the above case and they are in custody since 07.12.2011. The petitioners are innocent, they have committed no offence. The petitioners are permanent residents of the places mentioned in the bail petitions. The petitioner Kuldeep Kumar is a government servant. There is no chance of petitioners fleeing from justice and jumping the bail. The investigation in the case is complete. The further custody of the petitioners is not necessary. The petitioner Kuldeep Kumar is suffering from heart ailment and is under regular treatment. The petitioners earlier filed bail applications which have been dismissed by the Courts. The petitioners filed Cr.M.P.(M) Nos. 467 and 468 of 2012 which were dismissed by the High Court on 01.06.2012. The liberty was given to the petitioners to repeat the bail applications after consideration of charge by the trial Court. It has been stated that the trial Court has given repeated adjournments and framing of charge has not been considered till now. The petitioners are ready to furnish bail bonds, submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr.M.P.(M) No. 769 of 2012. It has been stated that case has been registered on the complaint of Pankaj Kumar on 04.12.2011. It has come in the investigation that Kuldeep Kumar collected Rs. 46.39 lacs, Ranjit Singh Rs. 24.90 lacs from many persons for providing them employment in Assam Rifles and Health Department. The other accused in the case are Anita Sandal, Sanjeev Aery, Joginder Pal and Archana Singh. The money after collection was given to Archana Singh by Sanjeev Aery. The challan has been submitted in the Court on 06.03.2012. Anita Sandal, Archana Singh and Sanjeev Aery have been released on bail, whereas, Kuldeep Kumar and Ranjit Singh are in judicial lock up. In view of serious allegations against the petitioners, it has been stated that bail applications may be rejected.

Heard and perused the record. The Learned Counsel for the petitioners has submitted that petitioners lastly filed bail application Nos. 467 and 468 of 2012 in the High Court which were dismissed by the High Court on 01.06.2012, but liberty was given to the petitioners to repeat the bail applications after consideration of charge by the trial Court. It has been stated that after 01.06.2012, the case has been taken up by the trial Court on 11.06.2012, 26.06.2012, 03.07.2012, 16.07.2012, 27.07.2012, 09.08.2012, 18.08.2012, 30.08.2012, but framing of charge could not be considered mainly due to non-appearance of accused Archana Singh. It has been stated that Archana Singh is an accused in several cases outside Himachal Pradesh.

It is not certain when all the accused will appear in the trial Court though the petitioners, who are in custody are appearing in the Court regularly. It has been submitted that even Archana Singh has been released on bail in the present case, but she has not furnished the bail bonds and, therefore, she has not been released. Sanjeev Aery accused has already been released on bail. The petitioners are not delaying the consideration of charge in the trial Court. The petitioners were arrested on 07.12.2011 and since then they are in custody. The case has already been fixed eight times for consideration of charge, but charge has not been framed. In these circumstances, it is not certain how much time will be taken for framing of charge and thereafter for completion of trial. Therefore, the petitioners have made out a case for grant of bail u/s 439 Cr.P.C..

In view of above, the applications are allowed. The petitioners Ranjit Singh and Kuldeep Kumar in Cr.M.P.(M) Nos. 769 and 770 of 2012, respectively, are ordered to be released on bail in FIR No. 216/2011 dated 04.12.2011, registered at Police Station, Jawalamukhi, District Kangra, under Sections 420, 467, 468, 471, 120B IPC, on their furnishing personal bonds in the sum of Rs. 10,00,000/-(ten lac) each with one surety each of the like amount to the satisfaction of trial Court with the conditions that petitioners shall not overawe, terrorize any prosecution witness. They shall maintain absolute lawful and peaceful conduct during the pendency of the case. The petitioners shall not leave the country without the permission of the trial Court. The observations made in the judgment are for disposal of bail applications and shall not be construed as an expression of opinion on the merits of the case.

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