Punjab-Haryana High Court
Dharampal vs High Court Of Punjab And Haryana on 25 October, 2013
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No.M-36036 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-36036 of 2013
Date of Decision:25.10.2013
Dharampal .....Petitioner
Versus
High Court of Punjab and Haryana
at Chandigarh through its Registrar
General .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.N.S.Shekhawat, Advocate,
for the petitioner.
****
MEHINDER SINGH SULLAR , J.(oral) The contour of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of anticipatory bail filed SI Dharampal son of Shiv Narayan and emanating from the record is that, in the wake of statement of one Mange Ram son of Prabhati, a criminal(accident) case was registered against some unknown driver of the vehicle, vide FIR No.202 dated 14.04.2002, on accusation of having committed the offences punishable under Sections 279 and 304-A IPC, by the police of Police Station Sadar Gurgaon. Petitioner-Dharampal investigated & converted the case of accident into a murder case and involved Ajit Singh son of Dharam Singh as an accused.
2. Having completed all the codal formalities, ultimately the accused was convicted by the trial Court.
3. Aggrieved thereby, Ajit Singh son of Dharam Singh filed the Rani Seema 2013.10.25 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-36036 of 2013 2 Criminal Appeal bearing No.92-DB of 2004 in this Court. A Division Bench of this Court, while accepting his appeal, recorded the findings that the petitioner has committed a perjury and ordered his prosecution, by means of judgment dated February 15, 2011, which in substance is as under:-(para 19 to 22, 24 and 25) "19. Before parting with the case, the following important aspects will have to be necessarily dealt with by us, in the interest of justice:
(a) It is brought to the notice of this Court by the learned counsel for the appellant that the appellant who is the resident of USA and a Non-
resident Indian was falsely implicated in the criminal case. As his passport was impounded he could not move out of India and had to virtually eke out his livelihood by doing petty jobs. His wife is mortally ill but he could not attend his ailing wife in the United States of America. He could not meet his children as well.
(b) PW2 Suresh who has been examined by the prosecution to establish the second limb of "last scene theory" has deposed before the Court that he had no idea about the subject occurrence. The Police in fact advised him to depose, as directed by them. He had made a statement during the course of chief examination only as per the dictates of the Police. PW11 Jaswinder Singh and PW13 Hawa Singh have categorically stated before the trial Court that no extra judicial confession was suffered by the accused before them and that there was no occasion to parade the accused in connection with the present case of murder. PW12 Pritpal Singh who was examined to establish the "last scene theory" has completely turned hostile to the case of the prosecution. He has not spoken anything about the recovery of material objects in his presence. PW15 Mukesh Mehta who was examined to establish the first limb of the "last scene theory" has been implanted and stage managed for the purpose of this case.
© In view of the above, we record our prima facie conclusion as to the fabrication of false evidence by PW16 SI Dharampal of CIA Staff Narnaul as follows:
(i) A case of accident originally registered by PW17 ASI Subhash Chander, Incharge of Police Post Badshahpur was intentionally converted by PW16 SI Dharampal as a case of murder, implicating the appellant herein in order to fleece money from the accused who is a resident of USA and a Non- resident Indian;
(ii) PW16 SI Dharampal falsely fabricated the evidence by implanting and introducing PW2 Suresh, PW11 Jaswinder Singh, PW12 Pritpal Singh, PW13 Hawa Singh and PW15 Mukesh Mehta to implicate the appellant with a view to secure his punishment in a capital offence;
(iii) PW2 was tutored to depose before the Court as per dictates of PW16 SI Dharampal;
(iv) Blood stained stone was purposely introduced by PW16 SI Dharampal with a view to book a false case of murder as against the appellant.
20. The entire family of the appellant was completely shattered on account of the false criminal case launched as against the appellant by PW16 SI Dharampal. The appellant could not join his affectionate Rani Seema 2013.10.25 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-36036 of 2013 3 children and his ailing wife in United States of America. He has lost his personality as well as family reputation and his job in USA.
21. It is a classic case where a citizen of USA and a Non-resident Indian has been shabbily treated, keeping an eye on the money he would have brought from the USA as a Non-resident Indian. If such a treatment is meted out to innocent non-resident Indian by the uniformed force, no non-resident Indian would think of a pleasant tour to his mother India. In our considered opinion such a false implication as against a non-resident Indian would give a wrong message to the persons living permanently in foreign shores. It is high time such a trend is nipped in the bud itself before ever it is snow-ball into a mammoth issue.
22. We find that there is intrinsic evidence and ample material as well to prosecute PW16 Dharampal for giving and fabricating of false evidence with an intention to procure conviction of capital offence of the appellant herein, punishable under Section 194 of the Code of Criminal Procedure(hereinafter referred to as the "Code").
24. In view of the above, we direct the Registrar(General) of this Court to lodge a complaint as against PW16 SI Dharampal in this case for the offence punishable under Section 194 of the Code following the procedure under Section 340 read with Section 195 of the Code.
25. The Director General of Police, Haryana, Chandigarh, is directed to simultaneously initiate disciplinary proceedings as against PW16 SI Dharampal. A false case has virtually pushed the appellant to penury. He has faced an ordeal and untold hardship on account of the false implication in a murder case. The State is bound to apply some balm on the wound the appellant has received on account of irresponsible act of the personnel in the Police force. Therefore, the State is directed to bear the entire travel expenditure of the appellant from India to USA by air, apart from rendering assistance to get clearance from the Government of India for his travelling back to the USA."
4. In pursuance thereof, the Registrar(General) of this Court has filed a criminal complaint(Annexure P-1) in the Court of Chief Judicial Magistrate, Chandigarh.
5. Instead of submitting to the jurisdiction of the trial Court and having exercised his right and remained unsuccessful before the Court of Additional Sessions Judge, now the petitioner has preferred the present petition for the grant of anticipatory bail in the indicated case, invoking the provisions of Section 438 Cr.P.C.
6. Having heard the learned counsel for the petitioner, having gone through the record with his valuable help and after bestowal of thoughts over the entire matter, to my mind, there is no merit in the Rani Seema 2013.10.25 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-36036 of 2013 4 instant petition in this context.
7. Ex facie, the arguments of the learned counsel that, there is no cogent evidence on record and since a false complaint has been filed, so, the petitioner is entitled to the concession of anticipatory bail, are not only devoid of merit but misplaced as well.
8. As is evident from the record that, there is ample evidence and prima facie clear finding of a Division Bench of this Court that, the petitioner has fabricated false evidence with the intention to procure the conviction and converted a simple case of accident registered against an unknown driver of the vehicle into a case of murder against accused Ajit Singh son of Dharam Singh and ruined his life for illegal gain. The tendency and frequency of falsely implicating the innocent persons with malafide intention by such police officials, have been tremendously increasing day-by-day, which needs to be curbed with heavy hands. Therefore, in view of the indicated material on record, it cannot possibly be saith at this stage that there is no evidence to prosecute the petitioner, as contrary urged on his behalf.
9. Taking into consideration the gravity and the fact, very direct and serious allegations of heinous offences are assigned to the petitioner. To my mind, he is not at all entitled to the concession of anticipatory bail, which is not to be granted in a routine manner in such serious cases (crime).
10. No other legal point, worth consideration, has either been urged or pressed by the learned counsel for the petitioner.
11. In the light of aforesaid reasons, taking into consideration the Rani Seema 2013.10.25 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-36036 of 2013 5 gravity, totality of peculiar facts & circumstances oozing out from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the case, as there is no merit, therefore, the instant petition for anticipatory bail filed by the petitioner is hereby dismissed in the obtaining circumstances of the case.
Needless to mention that nothing observed, here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for anticipatory bail only.
sd/-
October 25, 2013 (MEHINDER SINGH SULLAR)
seema JUDGE
Rani Seema
2013.10.25 16:48
I attest to the accuracy and
integrity of this document
High Court Chandigarh