Sub-inspector Joginder Singh Of Punjab Police v. State Of Punjab
2001-01-05
AMAR DUTT
body2001
DigiLaw.ai
Judgment Amar Dutt, J. 1. This order will dispose of Criminal Misc. Nos. 21171-M and 22560-M of 2000 filed by SI Joginder Singh and the other by his nephew Pritpal Singh for grant of anticipatory bail. In both these applications, the primary ground on which the relief was being sought was that while working as S.H.O., Police Station City Jagraon, Joginder Singh had, during investigation into a flesh trade racket, detected connivance therein of Sarvshri Hartej Singh Sekhon and Paramjit Singh Khaira, Superintendent of Police, Jagraon and Deputy Superintendent of Police (Detective), Amritsar respectively and this had annoyed those officers. Thereafter, on another occasion, he had caught Shri Hartej Singh Sekhon in flagrante delicto in Hotel Sun Plaza, Ludhiana. In consequence of these two incidents, both the officers had got him involved in case F.I.R. No. 48 and obtained warrants of arrest. 2. While issuing notice of these petitions, the petitioners had been granted interim bail. The petitions are being opposed on the ground that during the course of investigation in F.I.R. No. 48, which was registered in Police Station Amargarh, Sangrur, it has been found that Joginder Singh was responsible for getting a deal struck between Surjit Singh, maternal uncle of Jaswinder Kaur deceased and the land mafia of Ludhiana for her elimination on account of the fact that her marriage with Sukhwinder Singh was not liked by her mother and other members of the family. It was not disputed on behalf of the prosecution that the initial F.I.R., which was registered on 8.6.2000 on the statement of Sukhwinder Singh son of Bhag Singh of village Kaonke Khosa the only thing mentioned was that on the date of the incident i.e. 8.6.2000, Sukhwinder Singh and Jaswinder Kaur @ Jassi daughter of Bakhtaur Singh of village Kandoke, Moga were returning to village Narike (Nagoke) on a scooter when at about 7.30 P.M. they were way-laid by four persons in a Maruti car. These persons had attacked them with hockey sticks and swords and forced Jaswinder Kaur to accompany them in the Maruti car when from his condition Sukhwinder Singh appeared to be dead. On this report, a case was registered initially under Sections 307, 364, 34, IPC and when the body of Jaswinder Kaur with her throat split was recovered on 9.6.2000 from the canal near village Balara, offence under Section 302, IPC was added.
On this report, a case was registered initially under Sections 307, 364, 34, IPC and when the body of Jaswinder Kaur with her throat split was recovered on 9.6.2000 from the canal near village Balara, offence under Section 302, IPC was added. Since the investigation had revealed that the murder of Jaswinder Kaur had taken place at the behest of Surjit Singh, her maternal uncle, after the land mafia operator of Ludhiana had been put in touch by SI Joginder Singh on his paying an amount of Rs. 5 lacs, the suspicion fell on Joginder Singh and, therefore, he and his nephew were required for interrogation. It was also submitted that in view of the fact that the complainants have been protesting against threatening calls which wee being made to them by petitioners, it is not a case in which they should be admitted to bail. 3. On behalf of the petitioners, it has been urged that after the passing of the interim order by this Court, they have been joining the investigation and, therefore, there was no occasion for varying the order passed by this Court. 4. I have carefully considered the arguments of the learned counsel for the petitioners. While it is correct that in the F.I.R. which was registered at the instance of Sukhwinder Singh, there is no material which points to any involvement of the petitioners, yet during the course of investigation the prosecution has collected material which raises a doubt about their being involved in the incident. This circumstance would necessarily have to be enquired into and as the case pertains to a murder of a foreign national as there is no dispute that Jaswinder Kaur was a Canadian citizen, the mere fact that Joginder Singh happens to be a police officer should not stand in the way of his being interrogated like others who are allegedly to be involved in the case. The fact that Joginder Singh might have annoyed some superior officers on account of the investigations conducted by him into the flesh trade racket of Jagraon would not by itself necessitate an inference that the present case is being foisted against him at their behest, particularly when they are not posted in this district. 5.
The fact that Joginder Singh might have annoyed some superior officers on account of the investigations conducted by him into the flesh trade racket of Jagraon would not by itself necessitate an inference that the present case is being foisted against him at their behest, particularly when they are not posted in this district. 5. Taking into consideration the seriousness of the crime, I do not think it to be a fit case in which the concession of anticipatory bail can be extended to the petitioners and, therefore, this petition is disposed of with the observation that if what is stated by Joginder Singh about his having conducted investigations, which implicate Hartej Singh Sekhon and Paramjit Singh Khaira, Superintendent of Police, Jagraon and Deputy Superintendent of Police (Detective), Amritsar, respectively, in cases pertaining to immoral trafficking of women are correct, then it is hoped that the Director General of Police of the State of Punjab would ensure that the investigation of this case is not prejudiced against the petitioners merely on account of this fact.