9911796707
TMI Blog2020 (12) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... Pal Singh Bhullar [ 2011 (12) TMI 656 - SUPREME COURT] and nothing is on record that in between he had taken any steps to initiate criminal proceedings and/or lodged an FIR, it is opined that at least a case is made out by the appellant for grant of anticipatory bail under Section 438, Cr.P.C. Many a time, delay may not be fatal to the criminal proceedings. This Court reserved the liberty in favour of the father of the deceased to take recourse to fresh proceedings by specifically observing that if permissible in law. It is reported that the father of the deceased died in the year 2014. Till 2014, the father of the deceased did not initiate any fresh proceedings. After a period of 9 years from the date of decision of this Court in the case of Davinder Pal Singh Bhullar, all of a sudden, now the informant brother of the deceased has woken up and has initiated the present criminal proceedings. Whether the fresh/present proceedings are permissible in law are yet to be considered by this Court in the pending proceedings for quashing the impugned FIR. Looking to the status of the appellant and it is reported that he has retired in the year 2018 as Director General of Police, Punjab afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the instructions of the appellant; that he was severely and inhumanly tortured while in custody, by and at the behest of the appellant. It is further alleged that a false and fabricated FIR No. 112 of 1991 might have been registered at the instance of the appellant to suggest that the victim was brought to the police station Qadian from where the victim was alleged to have escaped. 3.2 That apprehending his arrest in connection with FIR No. 77 dated 06.05.2020, the appellant filed anticipatory bail application before the learned Additional Sessions Judge, Mohali. At this stage, it is required to be noted that when the appellant applied for anticipatory bail, the allegations in the FIR against the appellant were only for the offences punishable under Sections 364, 201, 344, 330, 219 and 120 B of the IPC. That by order dated 11.05.2020, the learned Additional Sessions Judge, Mohali granted anticipatory bail in favour of the appellant. That thereafter as the appellant was apprehending that the offence under Section 302 IPC may be added, he approached the learned Additional Sessions Judge, Mohali for anticipatory bail for the offence punishable under Section 302 also. By order dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rohatgi, learned Senior Advocate appearing on behalf of the appellant accused in support of his prayer to grant anticipatory bail. It is vehemently submitted that the present FIR is filed with a malafide intention to harass the appellant and at the instance of the present party in power in the State. It is submitted that even otherwise the present FIR is not maintainable as being a second FIR on the same set of facts and has been registered after delay of 29 years of the alleged incident. It is submitted that earlier attempt to falsely implicate the appellant failed and a similar FIR for the very incident in question and with somewhat similar allegations came to be quashed by this Court in the case of State of Punjab v. Davinder Pal Singh Bhullar, reported in (2011) 14 SCC 770. 4.2 It is further submitted that the informant heavily placed reliance upon the liberty reserved in favour of the father of Balwant Singh Multani to file fresh proceedings. It is submitted that however during his life time the father of Balwant Singh Multani did not initiate any fresh proceedings and after a period of six years and after the death of the father of Balwant Singh Multani, the present FIR has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... co operate with the investigation, however, without prejudice to his rights and contentions in the pending proceedings before this Court for quashing the FIR. It is submitted that the appellant is highly decorated officer with a distinguished service record. Shri Rohatgi has also made submissions on malafide, political vendetta and the harassment by the police. 4.6 Making the above submissions and relying upon the aforesaid decisions of this Court, it is prayed to allow the present application and grant anticipatory bail to the appellant. 5. The present application is vehemently opposed by Shri Sidharth Luthra, learned Senior Advocate appearing on behalf of the respondent State and Shri K.V. Vishwanathan, learned Senior Advocate appearing on behalf of the original informant. Relying upon the statements of Jagir Singh and Kuldip Singh which were recorded during the course of investigation, it is vehemently submitted that a case has been made out against the appellant accused for the offence under Section 302 IPC. It is submitted that the offence punishable under Section 302 IPC has been added after obtaining the permission from the learned Magistrate. It is submitted that consideri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant accused on political vendetta, malafide, delay in lodging the FIR, even the maintainability of the impugned FIR etc. However, taking into consideration that the quashing petition filed by the appellantaccused is pending before this Court and the issue whether the FIR/criminal proceedings are required to be quashed or not is at large before this Court, we do not propose to elaborately deal with all the submissions made by the learned counsel appearing on behalf of the respective parties. However, considering the fact that the impugned FIR has been lodged/filed by the brother of the deceased after a period of almost 29 years from the date of incident and after a period of 9 years from the date of decision of this Court in the case of Davinder Pal Singh Bhullar (supra) and nothing is on record that in between he had taken any steps to initiate criminal proceedings and/or lodged an FIR, we are of the opinion that at least a case is made out by the appellant for grant of anticipatory bail under Section 438, Cr.P.C. Many a time, delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case. However, at the same time, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
