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1985 DIGILAW 1087 (ALL)

Sukhpal Singh v. State of U. P

1985-11-08

D.N.JHA

body1985
JUDGMENT D.N. Jha, J. - I have heard Sri D.G. Mukerji for the applicant and Sri H.D. Trivedi learned Deputy Government Advocate at some length. At the out set I have no hesitation in observing that some error has been committed in this case by the learned Sessions Judge in admitting Ranjit Singh, Babu Singh, Jadunath Singh and Behari Raidas on bail. In Che instant case the present applicant Sukhpal Singh was named along with Jaibir Singh in the first information report but the Dame of first set of accused, as mentioned above, was disclosed while the statement under Section 161, Cr. P.C. was recorded of the injured persons. The injured persons included the wife of Arjun Singh informant and father of the deceased, two daughters and two sons. Thus apart from Dalbir Singh who lost his life there are five injured persons belonging to the family of the informant. Motive have been spelt out in the first information report but real motive comes out in the statement recorded under Section 161, Cr.P.C. and that the motive is that Jagir Singh son of Arjun Singh was having a liaison with the daughter of Ranjeet Singh who has been admitted to bail. On account of this love affair between the two there was unpleasantness amongst the villagers. If the learned Sessions Judge who had initially the advantage of having the case diary would have scanned the whole situation, probably he would have not exercised discretion in the manner it has been done the task of this Court on account of release of the above mentioned four persons became difficult. In fact the pivot round which the satellites were revolving round in this case has been put out of atmosphere. The only conclusion that can be reached in such circumstances is that the satellites must also give way. I have also no hesitation in observing that the learned Deputy Government Advocate was right in vehemently opposing the bail in view of one person having died inside the house and as many as five family members receiving fire arm injuries. The role of each one is that of firing with fire arms. The injuries corroborate the same. I would not proceed further to record any positive finding least it might cause prejudice to either of the parties. Nonetheless at this juncture also cannot loose sight with respect to the role of the satellites. The role of each one is that of firing with fire arms. The injuries corroborate the same. I would not proceed further to record any positive finding least it might cause prejudice to either of the parties. Nonetheless at this juncture also cannot loose sight with respect to the role of the satellites. The law of gravitation runs parallel to the rule of law. I am, therefore, inclined to admit the applicant also to bail. Oo expression of this view the learned Deputy Government Advocate asserted that it is a fit case in which be would move an application for cancellation of bail. Be that as it may, the case of the applicant can also be considered for the same purpose if any when such application is moved. I am not here to criticise the role of either the Presiding Officer or the learned D.C.D., (sic) but in my humble opinion, 10 long the provision of equality before law and equal protection of law subsists in our Constitution, it has to be practised in the eyes of law and should not be allowed merely to exist on the statute book. 2. I, therefore, admit the applicant to bail. He shall be released on bail unless wanted in any other case on his furnishing adequate sureties and a personal bond in the like amount to the satisfaction of Chief Judicial Magistrate/Remand Magistrate, Kheri. I, however, direct that the applicant will not visit the precincts of the jurisdiction of Police Station Mohammadi, District Kheri except when the trial commences or permission with reasons have been granted by the Chief Judicial Magistrate. Copy of this order may be issued to the learned Deputy Government Advocate and the learned counsel for the applicant today if possible.