Punjab-Haryana High Court
Surjit Singh vs State Of Punjab on 29 May, 2018
Author: H.S. Madaan
Bench: H.S. Madaan
CRM-M No. 15440 of 2018 1
and CRM-M No. 15726 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 15440 of 2018
DATE OF DECISION :- May 29, 2018
Surjit Singh ...Petitioner
Versus
State of Punjab and another ...Respondents
CRM-M No. 15726 of 2018
Ravinder Kaur ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. Sunil Chadha, Senior Advocate
with Mr. M.S.Atwal, Advocate for the petitioner
in CRM-M-15440-2018.
Mr. Puneet Bali, Senior Advocate
with Ms. Rubani J. Singh, Advocate for the petitioner
in CRM-M-15726-2018.
Mr. J.S. Bedi, Senior Advocate
with Mr. Sonpreet Singh Brar, Advocate
for the complainant in CRM-M-15440-2018.
Mr. P.S. Ahluwalia, Advocate for the complainant
in CRM-M-15726-2018.
Mr. Gaurav Garg Dhuriwala, Sr. DAG, Punjab.
***
My this order shall disposed of two petitions for grant of regular bail i.e. CRM-M No. 15440 of 2018 filed by petitioner Surjit Singh and CRM-M No. 15726 of 2018 filed by petitioner Ravinder Kaur, both of them being accused in F.I.R. No. 1 dated 3.1.2018 for offences under Sections 306/384/506/120-B IPC registered with Police Station Airport, 1 of 20 ::: Downloaded on - 11-06-2018 05:39:59 ::: CRM-M No. 15440 of 2018 2 and CRM-M No. 15726 of 2018 Amritsar.
F.I.R. in this case was recorded on the basis of statement of complainant Prabhpreet Singh Chadha son of Inderpreet Singh Chadha resident of 506, Green Avenue, Amritsar, aged about 27 years, which he made to the police on 3.1.2018 stating therein that on 3.1.2018 at about 2.00 P.M. his mother told him that their driver Raj Kumar @ Raju had informed that some incident had occurred with his father Inderpreet Singh Chadha and he was being taken to IVY Hospital, Airport Road and complainant should reach there immediately. According to the complainant, when he reached hospital then their driver Raj Kumar @ Raju informed him that his father had come to Green Acroz, Airport Road to meet some one and he got the vehicle stopped and asked the driver to check the vehicles parked after alighting from the car and when Raj Kumar @ Raju came back after some time he saw that Inderpreet Singh Chadha was lying on the front seat of the car and he was bleeding from his nose and mouth. Revolver was lying at his feet. The complainant in his statement stated that in view of the incident in the past, he had a firm belief that Surjit Singh, Ummat, Kuljeet Kaur @ Kay Ghoman, Manya and Devinder Sandhu of W.W.I.C.S, Inderpreet Singh Anand @ Sizee, Gursewak Singh, Hari Singh Sandhu, Bhag Singh Ankhi, Nirmal Singh, Ravinder Kaur wife of Varundeep Singh and other persons had conspired with each other and created such circumstances by filing false case against his father Indepreet Singh Chadha and there was ample evidence in accordance with the facts against them and those persons had forced his father to die, therefore, action be taken in the matter.
2 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 3 and CRM-M No. 15726 of 2018 On the basis of said statement formal F.I.R. was registered. Investigation in the case started. Several accused were arrested in this case including petitioner Surjit Singh and Ravinder Kaur. They had filed petitions for regular bail before learned Sessions Judge, Amritsar but those were dismissed as such they have approached this Court for grant of similar relief. The petitions are being opposed on behalf of the State and the complainant.
I have heard learned counsel for the parties besides going through the record.
Learned Senior counsel for petitioner Surjit Singh has argued that petitioner and the deceased happened to be partners in a hotel and even if it is taken that they had some dispute over management of the hotel and the income derived therefrom that does not mean that petitioner is responsible for driving the deceased to commit suicide or is guilty of abetment in terms of Section 107 IPC. As a matter of act the deceased was perturbed on account of various reasons which include he being under heavy debt, he along with his father being accused in F.I.R. No. 144 dated 29.12.2017 under Sections 354/354A, 506, 509 IPC and Section 67, 67-A of Information and Technology Act, 2000 lodged by one Ravinder Kumar Bumra in which the deceased was on interim bail. On account of such factors he had committed suicide to escape his creditors and complaint in F.I.R. No. 144 of 2017.
On the other hand learned Senior counsel for the complainant has opposed the request for bail vehemently stating that allegations against 3 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 4 and CRM-M No. 15726 of 2018 the petitioner do constitute abetment. As it comes out from the perusal of the suicide note executed by the deceased before his death, the case of the present petitioner Surjit Singh is not at par with accused who had already been granted bail by the Court of Sessions at Amritsar since his name figures in all the suicide notes, and he had been consistently harassing the deceased and even instigating him to kill himself. Therefore, he does not deserve concession of regular bail.
The deceased has left various suicide notes. Ist being dated 10.4.2016, 2nd 29.5.2016, 3rd 2.6.2016, 4th note is addressed to his wife Anu without date, 5th one is addressed to Chief Minister of Punjab but is undated, 6th one is also undated, 7th one is also undated, 8th one is addressed to his wife and sons not bearing any date, 9th one note not bearing any date. In the note dated 10.4.2016 regarding Surjit Singh he has mentioned as under :-
"Betrayed by those whom I trusted most. The final stab in the back by Surjit Singh has left me bewildered. Not only has he refused to resign from hotel after receiving 50 lacs and adjusting the balance out of Rs. 8 crores he owes me but he threatened to ruin my family of I even mention that he owes me Rs. 7.50 crores after adjusting 50 lacs of hotel account. When money from Ponty came I kept Rs. 8 crores with him. When I demanded it back 1 year ago he kept on making excuses. Now he says that he has used the amount to build his house and on his family, children's education etc. He has betrayed me, ruined 4 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 5 and CRM-M No. 15726 of 2018 me."
Again in the later part he has written as under :-
"There is no alternative left. Surjit Singh, Devinder Sandhu, Kay, Kay's mother, Manya are directly responsible for my suicide. They have ripped all money from me. Surjit Singh is the main man. He is evil. A devil who has disguised himself as a religions man. He has ripped Ponty's family also. He has not invested even a single rupee in Jammu Mall. Ponty trusted him as he required a J&K resident to make investment. Surjit Singh has shown his true colours & robbed the family. It is his character. To gain faith & rob everyone."
In the 2nd note dated 29.5.2016 the allegations against petitioner are as under :-
"Today at about 2.30 p.m. While the meeting was going on between Surjit Singh, Ummat Ji & me, Surjit Singh in a fit of anger let out his mind. He yelled, "Shoot yourself", if you have courage then kill yourself. He prompted & exhorted me to kill myself. After having gobbled my 8 crores, he intends to misappropriate 50 lacs given by my wife also. Rather he is a cajoling Umat also to embezzle 45 lacs given by my wife to him. They want to misappropriate 95 lacs of my wife. How will I face her. I cannot disclose the same to her. Surjit even expressed that he wanted to throw my son Angad out of hotel, finish him. Unfortunately, Umat Saab did not do much to make 5 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 6 and CRM-M No. 15726 of 2018 him see sence. Surjit Singh will be one of the main persons responsible for my suicide. Rather he expressed the wish to kill me or himself if required to embezzle my money."
In the later part of the note he has mentioned as such :-
"I am surrounded by back stabbers. Surjit Singh, Kay, Devinder Sandhu, Manya, Kay's mother are the chief architects of my suicide. .......................................................... In the 3rd note the relevant portion against Surjit Singh petitioner is as under :-
"This may be treated as my final suicide note. Surjit Singh, Kay Ghoman, Davinder Sandhu of WWICS, Manya of spa are responsible for my suicide. They have embezzled crores of my rupees, caused considerable harassment, forged cheques, documents, agreements, filled false complaints to extract money from me. Surjit Singh has embzelled 8 crores + 50 lacs. He has exhorted me to shoot myself."
In the 4th note the relevant portion is reproduced as under :-
"Surjit Singh, Sizee, Gursewak, Hari Singh Sandhu, Bhag and getting him to step out of Chief Khalsa Diwan. Gursewak Singh's son somehow got hold of video prepared by Gursewak Singh & he along with others started blackmailing papa. Once when he received calls from someone threatening him on the issue at Jalandhar we got a case registered there. Surjit Singh has 8 crores of mine that Ponty gave me. He was putting 6 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 7 and CRM-M No. 15726 of 2018 off paying the same. He said he had invested in some land in Kashmir & in his house that he was building in Amritsar. He said he would pay after a month ago to me. Meanwhile he said that the hotel account was separate & has taken 50 lacs from me."
In the 5th note it is as under :-
"My suicide results out of the malicious designs of Surjit Singh, Inderpreet Singh Anand, Umat CA & certain members of CKD. They are fairly & squarely responsible for my suicide. It is not a complaint, but a humble submission, that the current C.P. Of Amritsar has very close relations with my brother and may not be able to carry out his function impartially. The SIT is doing a commendable work, I have full respect for the way they are conducting the investigation. I only implore the kind attention of his majesty to give a fair chance to my Father to put forward his side of story. There is so much evidence that come forth in form of Whatsapp chat &audio clippings that clearly establish that the lady complainant was a willing companion of my father than a victim of molestation or harassment, not only that the evidence points to a clever honey trap laid by her & her husband to take money from my father with clever play of romance & gestures. My father may be spared the harassment & allowed to join investigation without arrests keeping in view his old age & the false complaint that can only be proved false 7 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 8 and CRM-M No. 15726 of 2018 by him, on joining the investigation."
In the note addressed to Peter is as follows :-
"Dearest Peter, Friend it is time for me to go. They have robbed your friend of all honour, thrown his father to solves. They are out to rob my family. Harjit is part of the pack of wolves. Surjit Singh is the leader. Inderpreet Singh Anand, Umat, Hari Singh Sandhu, Lady & her husband, Nirmal Singh, Ankhi & Hari Singh Sandhu & others the part of mafia & conspirators. Brother please get me justice. Take care of my family, save them from wolves. Protect Angad & his hotel, save Clarks Inn. Save my father from false case & blackmailers. Save him from his son Harjit.
Yours brother
Sign : Inderpreet
Learned Senior counsel for petitioner Surjit Singh has further argued that similarly placed persons namely K. Ghuman, Davinder Sandhu, Inderpreet Singh Anand have already been granted regular bail by learned Sessions Judge but that benefit was wrongly denied to the present petitioner. Since from the perusal of the suicide notes no abetment on the part of the petitioner is disclosed and he who is a old man of 56 years is behind bars for a considerable time should be granted bail.
As far as petitioner Surjit Singh is concerned, in my considered view no case for grant of regular bail to him is made out. Here is not a case of mere differences between the partners over running of the business and 8 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 9 and CRM-M No. 15726 of 2018 settlement of accounts etc. In the note dated 10.4.2016 the deceased has clearly mentioned that the final stab in the back has been given to him by Surjit Singh who had refused to resign from the Administration of the Hotel after receiving Rs.50 lacs and adjusting the balance out of Rs.8 crores he owed him. In that way betraying him. In suicide note dated 29.5.2016 the deceased has mentioned that Surjit Singh in bit of anger has let out his mind and dared him to shoot himself if he had courage thereby prompting and exhorting him to kill himself. There is mention of Surjit Singh having misappropriated 8 crores belonging to deceased showing intention to misappropriate Rs. 50 lacs given to him by wife of the deceased cajoling Umat to embezzle Rs. 45 lacs given to him by wife of the deceased. The deceased had clearly mentioned that Surjit Singh would be one of the main persons responsible for his suicide. In the suicide note addressed to his wife the deceased had again named Surjit Singh besides others having entered into conspiracy to blackmail his father for a sum of Rs.5 crores getting him to step out of Chief Khalsa Diwan. In the letter addressed to the Chief Minister of Punjab again name of Surjit Singh besides other is there being responsible for his suicide. Similar mention of Surjit Singh is there in last suicide note. Name of Surjit Singh is appearing in every such note by the deceased.
Further more as has been pointed out by learned Senior counsel for the complainant Viney Chaturvedi working as General Manager in Hotel Humble Una, Amritsar in his statement recorded with the police under Section 161 Cr.P.C. during investigation of the case has stated that on 9 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 10 and CRM-M No. 15726 of 2018 2.1.2018 at about 2/3 P.M. when he was standing in the Hotel lobby there Surjit Sinigh came and gave fist blow on his arm and stated that they had to take the possession of the Hotel and when then witness replied that Surjit Singh was Director and he should go to his office and whatever he felt like. Thereafter Surjit Singh went towards Ist floor of the Hotel and remained there in the Hotel lobby. Then after some time, Vijay Ummat came and also went upstairs. Thereafter, he went to Panipat at 4.00 P.M. In his statement this witness has stated that Surjit Singh, Vijay Ummat used to visit the Hotel about six months earlier also and after calling the staff individually asked to them in a rude manner and used to talk about the cash time and again used to talk about Inderpreet Singh Chadha saying that Inderpreet Singh Chadha is a thief and he had usurped their money and they were to take possession of the Hotel. In his statement he has stated that he came to know that on 2.1.2017 a meeting was convened that Surjit Siingh, Vijay Ummat, Sanjjiv Shangari and Prabhpreet Singh @ Angad where Surjit Sijngh and Vijay Kumar had pressurized Inderpreet Singh Chadha for getting accounts of Hotel and arguments were exchanged between them. Noise in high volume was coming from the Hotel.
Learned Senior counsel has further referred to statement of Navpreet Singh, Accounts Advisor working in firm of Inderpreet Singh Chadha, who in a statement under Section 161 Cr.P.C. got recorded with police had stated that relation between Surjit Singh and Vijay Kumar Ummat with Inderpreet Singh Chadha had become sore in respect of Hotel only and both of them in order to withdraw their share from the Hotel had 10 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 11 and CRM-M No. 15726 of 2018 started pressurizing Inderpreet Singh Chadha. He also stated about meeting having been convened between partners of that Hotel regarding money transaction and payment of Rs.95 lacs approximately by Inderpreet Singh Chadha to Surjit Singh and Vijay Ummat for withdrawal of share of those two from the Hotel but subsequently they having backed out.
Wife of the deceased namely Smt. Inderjit Kaur Chadha @ Anu in her statement to the police has stated about Surjit Singh and Vijay Kumar obtaining Rs. 95 lacs from her husband in lieu of transfer of shares in Hotel Humble Una in their name and that Surjit Singh in connivance with Vijay Kumar Ummat had started blackmailing her father-in-law while giving reference to disputed video so that trying to take possession of Hotel in their hands. She stated that Surjit Singh had refused to give Rs. 8 crores to her husband causing extreme harassment to him. She has further stated that during meeting held on 2.1.2018 in Hotel Humble Una, Amritsar Surjit Singh and Vijay Kumar Ummat argued with her husband and pressurized to obtain possession of Hotel from him. During that meeting Surjit Singh told her husband loudly that he should shoot himself and on 3.1.2018 Surjit Singh came to take possession of Hotel thereby creating such situation that her husband committed suicide which he did in front of house of Surjit Singh.
All these things prima facie go to show abetment on the part of Surjit Singh to suicide committed by Inderpreet Singh Chadha. Learned counsel for the complainant and learned state counsel had submitted that Surjit Singh is an influential person, if granted bail there is every possibility 11 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 12 and CRM-M No. 15726 of 2018 of his trying to tamper with the prosecution witness by giving threats or inducement to the prosecution witnesses therefore such concession may not be granted to him. This apprehension needs to be taken into consideration and cannot be brushed aside lightly. Therefore, in view of what has been discussed in detail above, I find that no case for grant of regular bail to Surjit Singh is made out and petition so moved by him in that regard stands dismissed.
As regards petitioner Ravinder Kaur Bumrah, according to the counsel representing her, she is a victim who had been made accused in this case and falsely implicated in this case. She cannot be said to have abeted the suicide by Inderpreet Singh Chadha who was rather mentally disturbed and had history of suicidal tendency, inasmuch as he has been writing repeated suicide notes for the last about two years. She is in custody since 27.2.2018 without no fault on her part. It is further contended that Charanjit Singh Chadha father of deceased who was heading Chief Khalsa Diwan, Amritsar wanted to take liberties with her in the month of June/July. He called her to his office in the hotel and tried to make advances towards her going to the extent of hugging the petitioner and he wanted to have selfie along with the petitioner. His few actions amounted to out raging the modesty of the petitioner. The petitioner was extremely disturbed by such incident but she tried to keep it as a secret since Charanjit Singh Chadha had been apologising to her. So much so in order to pacify the petitioner and to restore fall and trust he called all the lady Principles on the day of Raksha Bandhan in 2017 and got Rakhi tied from all the Principles including the 12 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 13 and CRM-M No. 15726 of 2018 petitioner. However, despite that he was still tried to have making advances to the petitioner to which petitioner insisted. He recorded a video recording of the petitioner for the incident in July 2017. The petitioner was extremely disturbed. In December 2017 she learned that a video had viraled on social media and on You Tube as such she lodged a complaint in Police Station Islamabad, District Amritsar and F.I.R. No. 144 dated 29.12.2017 was registered with the said Police Station under Sections 354/354A, 506/509 IPC read with Section 67/67-A of the Information and Technology Act, 2000. Later on petitioner came to know that F.I.R. had been lodged by Charanjit Singh Chadha with Police Station Division No.6, Jalandhar under Section 384,511,120-B IPC against some unknown persons allegedly blackmailing him by calling him from particular phone numbers with a video clip; that deceased was always with Charanjit Singh Chadha though his other son was against action of his father.
Inderpreet Singh Chadha has committed suicide on 3.1.2018. His son Prabhjot Singh while lodging the F.I.R. in question has wrongly roped in the present petitioner. Many of the co-accused of the petitioner have been granted bail therefore this concession be also granted to the petitioner whereas this request is being opposed by learned State counsel and counsel appearing for the complainant. According to learned counsel for the complainant the petitioner along with her husband had been extracting money and valuables from Charanjit Singh Chadha in that way blackmailing him. She had lodged a false F.I.R. against Charanjit Singh Chadha and his son Inderpreet Singh Chadha (deceased). The deceased was 13 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 14 and CRM-M No. 15726 of 2018 perturbed by the same and he has committed suicide. It is a clear case of abetment by the present petitioner. There was no truth found in the allegations in the F.I.R. lodged by her and a cancellation report in that regard has since been prepared therefore she is not entitled to regular bail. As regards the present petitioner, it is relevant to notice portion of the suicide notes relating to present petitioner Ravinder Kaur Bumra. In the 1st suicide note which is dated 10.4.2016, there is no reference to her. Similarly there is no mention of the present petitioner Ravinder Kumar Bumra in the 2nd note dated 29.5.2016 or the note addressed by the deceased to his wife. Here reference comes in the letter written by the deceased to Chief Minister of Punjab which is undated. The relevant part with regard to the present petitioner is as follows :-
"Yesterday I joining the SIT, I did not want to name other conspirators behind blackmail & making vide viral concerning dad But post the investigation certain facts were reconfirmed by a very noble & truthful person. I think the conspirators particularly Surjit Singh got whiff of the thing. He came to Una hotel. Denied he owned me 8 crores in front of Umat & the way Umat smiled and said which 8 crores I smelt that he was also part of the team out to rob me during the present crisis. Umat also denied that he had received complete money to transfer at least 10% shares in my name. But it does not matter. The fact that emerged is that they were all in connivance with my brother Harjit to destroy the rest of family particularly my 14 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 15 and CRM-M No. 15726 of 2018 father. Inderpreet Singh Anand had dropped the bomb which he boasted of claimed Surjit Singh in private to me & laughed. Umat, Surjit Singh even after taking 95 lacs want to wrest control of the hotel. The dogs are out to eat the injured."
As regards petitioner Ravinder Kaur, a perusal of the suicide notes goes to show that there is no reference to her in 1st three notes. In the letter written by the deceased to his wife Anu, the name of Ravinder Kaur is not mentioned rather he has stated that Surjit Singh, Sizee, Gursewak, Hari Singh Sandhu, Inderpreet Singh Anand, Bhag Singh Ankhi and Nirmal Singh conspired to blackmail his father for a sum of Rs.5 crores and getting him step out from Chief Khalsa Diwan and that Gursewak Singh's son got hold of video made by Gursewak Singh and he along with other started blackmailing his father. He has not no where mentioned that Ravinder Kaur was part of the conspiracy, for that the video recording had been done with her knowledge and it was circulated on the social media with her consent just to blackmail father of the deceased. In the letter written by the deceased to Chief Minister Punjab he has rather mentioned that lady complainant was a willing companion of his father rather than a victim of molestation or harassment rather pointed out that it was a clever honey trap laid by her and her husband to take money from his father with a clear play of romance and gestures. However, if we take that Ravinder Kaur was a willing companion of Charanjit Singh Chadha, father of the deceased then the deceased should not have much grouse against her since according to him she was not a victim of molestation or harassment. Though he had submitted that evidence 15 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 16 and CRM-M No. 15726 of 2018 point out to clever honey trap laid by her and her husband to take money from his father with a clever play of romance and gestures. Learned Senior counsel for the complainant pointed out towards Whatsapp messages exchanged between the petitioner and Charanjit Singh Chadha which are suggestive of a romantic link between the two and those messages were tried to be concealed from her husband by Ravinder Kaur. There is nothing to show that petitioner had exhorted money and valuable gifts from Charanjit Singh Chadha under threat of making the video to be public. Therefore, evidence pointing out towards a honey trap being laid by Ravinder Kaur and her husband to extract money from Charanjit Singh Chadha clearly seems to be lacking.
Furthermore in the affidavit furnished by Deputy Superintendent of Police, Bureau of Investigation, Punjab Chandigarh-cum- member SIT presently posted as ACP Atam Nagar, Ludhiana it is clearly mentioned that the SIT had investigated the case against Charajit Singh Chadha during course of which it was found out that complainant Ravinder Kaur, who was Principal of Guru Harkishan Public School, Amritsar run by Chief Khalsa Diwan would often visit the Hotel to meet Charanjit Singh Chadha and on 20.6.2017 also she had gone to meet Charanjit Singh Chadha at her own free will and intimate scene between Charanjit Singh Chadha and complainant Ravinder Kaur got recorded in the CCTV camera installed in the office of Charanjit Singh Chadha in the Hotel H.K. Clarks Inn and on 21.6.2017 said video recording/CCTV footage was transferred by Gursewak Singh, an employee of the Hotel to his mobile phone and 16 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 17 and CRM-M No. 15726 of 2018 when the fact of video recording came to notice of complainant Ravinder Kaur and accused Charanjit Singh Chadha they decided to make efforts to get the video deleted but not succeeded and that the investigation revealed a cordial relation between Ravinder Kaur and Charanjit Singh Chadha who gave gifts to Ravinder Kaur. It has further been mentioned that the SIT had examined video recording/call recording from mobile phone of Charanjit Singh Chadha and examined Whatsapp chat, which had revealed that whatever had happened on 20.6.2017 took place with mutual consent of both the parties. That demolishes the allegations of any hone trap being laid by Ravinder Kaur. As regards Charanjit Singh Chadha giving gifts to Ravinder Kaur if due to intimate relations between the two he was giving some gifts to Ravinder Kaur that does not mean that she was indulging in any blackmailing, extortion or illegal act.
As regards Ravinder Kaur lodging F.I.R. against Charanjit Singh Chadha and his son Inderpreet Singh Chadha (deceased) it has come out that both of them had been granted interim bail. As submitted by the State counsel the F.I.R. has since being recommended to be cancelled and a cancellation report has been prepared. In that report the conclusion drawn is as follows :-
"This fact is proved that the complainant Ravinder Kaur, Principal used to visit accused Charanjit Singh Chadha in the office of Hotel HK Clark very often on 20.6.2017 as well Principal Ravinder Kaur had gone to meet Charanjit Singh Chadha out of her own will. On 20.6.2017 there is vide
17 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 18 and CRM-M No. 15726 of 2018 recording of Principal Ravinder Kaur and Charanjit Singh Chadha in the CCTV camera of the hotel and recording of which was obtained by Gursewak Singh on his mobile on 21.6.2017. It has also come forward that Principal Ravinder Kaur and Charanjit Singh Chadha came to know about the above recording after a few days and they even talked about destroying this video. Receiving of gifts and money by Principal Ravinder Kaur from Charanjit Singh Chadha is also proved. That a perusal of the telephonic conversation in between Principal Ravinder Kaur and Charanjit Singh Chadha and the Whatsapp messages exchanged between them prove that both of them were having a love affair. Keeping in view all the above facts and after conducting both open and secret investigation, the SIT reached at the conclusion that Principal Ravinder Kaur and accused Charanjit Singh Chadha, were having good relations with each other but after the video of the CCTV recording of Hotel HK Celark dated 20.2.2017 went viral on 26.12.2017 Principal Ravinder Kaur got registered FIR against Charanjit Singh Chadha and Inderpreet Singh Chadha. From the investigation it is found that the case has wrongly been registered. SHO Police Station Islamabad, Commissionerate, Amritsar is directed to present cancellation report in the Court. After presentation of the cancellation report in the Court, the undersigned be informed. In view of the above 18 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 19 and CRM-M No. 15726 of 2018 stated facts, cancellation report has been prepared and which is presented in the Court."
Therefore, the allegations of Ravinder Kaur having been subjected to indecent acts by Charanjit Singh Chadha forcibly and her molestation at his hands have not been found to be correct.
Now coming to F.I.R. No. 120 dated 29.9.2017 under Sections 384, 511, 120-B IPC registered with Police Station Division No. 6, Jalandhar lodged by Charanjit Singh Chadha against Sukhdev Singh @ Monu, Davender Singh @ Kanu, Inderjit Singh and Gursewak Singh on the allegations that Charanjit Singh Chadha had received a phone call from a person claiming himself to be Press Reporter from Chandigarh that he had got a video clip made in office of complainant which was handed over by the caller to two women and complainant should pay money to him otherwise the video would be made viral on the social media. In the F.I.R., the petitioner has not named Ravinder Kaur as a culprit or part of conspiracy to fleece money from him.
Though in view of detailed discussion above, it cannot be said that Ravinder Kaur abeted the suicide of deceased Inderpreet Singh Chadha. She is stated to be a married woman having children and is behind bars since 27.2.2018. Her guilt shall be determined during the trial, conclusion of which is likely to take some time. Her further detention is not going to serve any useful purpose. There is nothing on record to show that she is a woman who is having connection with High ups and wield influence and as such could possibly influence the prosecution witnesses by giving threat or 19 of 20 ::: Downloaded on - 11-06-2018 05:40:00 ::: CRM-M No. 15440 of 2018 20 and CRM-M No. 15726 of 2018 inducement.
Therefore, the petition so filed by her is accepted and she is ordered to be released on bail on furnishing bail bond and surety bond to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Amritsar subject to the following conditions : -
(i) she shall appear in the Court on each and every date of hearing.
(ii) she shall not give any threat or intimidation to the prosecution witnesses.
(iii) she shall not leave India without prior permission of the Court and shall surrender her Passport, if she has got one otherwise to furnish affidavit in that regard.
In addition to that the trial Court may impose any term and condition found suitable to ensure that the petitioner does not abscond and interfere in the trial.
In case the petitioner violates any term and condition on which the bail has been granted to her, the order shall be liable to be withdrawn.
It is clarified that the observations made in this order are strictly for the purpose of disposal of petitions for grant of bail filed by the two petitioners shall not having any bearing on the merits of the case.
(H.S. MADAAN)
JUDGE
May 29, 2018
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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