Punjab-Haryana High Court
Ravinder vs . State Of Haryana on 6 May, 2009
Author: Rajive Bhalla
Bench: Rajive Bhalla
Crl.Misc.No.M-33017 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Date of Decision: .5.2009
Crl.Misc.No.M-33017 of 2008
Ravinder Vs. State of Haryana
Crl.Misc.No.M-31024 of 2008
Rajiv Mittal Vs. State of Haryana
....
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
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Present : Mr. Bipan Ghai, Sr. Advocate with Mr.Deepak Garg, Advocate
for the petitioner
Mr. Ajay Chaudhary, DAG, Haryana for the respondent.
....
RAJIVE BHALLA, J By this order I propose to dispose of Crl.Misc.Nos.M-33017 of 2008 and M-31024 of 2008, as the prayer for regular bail arises from the same FIR.
Prayers in these petitions are for grant of regular bail, in case FIR No.377 dated 23.6.2008, registered under Sections 302,34,506,120-B and 216 IPC and Sections 25,54,59 of the Arms Act, at Police Station City Bhiwani, Distt.Bhiwani.
On 23.6.2008, as Nand Lal Chawla the Chairman of Municipal Council, Bhiwani, emerged from a showroom, he was gunned down at point Crl.Misc.No.M-33017 of 2008 2 blank range by three motor cycle borne killers. The first informant, his son, attributed this murder to the fact that his father, a political person was to face a no confidence motion, which had been brought forth by his political opponents. During investigation, the police unearthed a conspiracy between the petitioners and their co-accused to eliminate Nand Lal Chawla. On 28.6.2008, the police arrested Suresh and on his disclosure statement arrested Rajiv Mittal, the petitioner in Crl.Misc.No.M-31024 of 20008, Ravinder, the petitioner in Crl.Misc.No.M-33017 of 2008 and Pushpinder a non petitioner. The investigation disclosed that Rajiv Mittal was incensed that the deceased had refused to sanction his building plans. Initially a conspiracy was hatched with Ravinder Soni, a Municipal Corporator to remove Nand Lal Chawla from the post of Chairman, Municipal Council, Bhiwani, with the assistance of sympathetic corporators. A sum of Rs.2.00 lacs was paid to Ravinder Soni, to persuade corporators to remove the deceased. However, as Ravinder Soni could not manage requisite support of Municipal Councillors, a conspiracy was hatched to eliminate Nand Lal Chawla. A sum of Rs.5.00 lacs was paid to Pushpinder to engage the services of contract killers. Sunil, Rajesh and Sunder were engaged to carry out a contract killing.
Counsel for the petitioners argue that petitioners were arrested pursuant to a disclosure statement suffered by Suresh, while in police custody. The confessional statement of a co-accused is inadmissible in evidence and, therefore, cannot be used against the petitioners. The mobile phone records of calls exchanged between the conspirators before and after the murder are irrelevant as they do not disclose the actual conversation between the accused. It is further submitted that the motive namely, the Crl.Misc.No.M-33017 of 2008 3 rejection of building plans submitted by Rajiv Mittal, has not been established, as no such order is available with the prosecution. It is submitted that in the absence of any evidence against the petitioners and the fact that investigation is complete and the trial is in progress, the petitioners should be admitted to the concession of regular bail.
Counsel for the State of Haryana, submits that there is sufficient evidence with the prosecution to convict the petitioners. The petitioners are influential people in the area and if released on bail, are likely to interfere with the trial and win over prosecution witnesses. It is submitted that the contract killers are still at large. Whether disclosure statements are admissible or not is a matter to be considered by the trial court. There is sufficient evidence in the shape of telephone calls, recovery of the motor cycle used by the killers, the car in which they were spirited away to safety and other evidence to establish the petitioners guilt.
I have heard learned counsel for the parties and considered the arguments addressed.
As noticed herein above, three motor cycle borne contract killers gunned down the Chairman of Municipal Council, Bhiwani. The petitioners are the alleged conspirators of their dastardly crime. They conspired to eliminate Nand Lal Chawla and engaged the services of three contract killers, who are still at large. A significant aspect that governs the jurisdiction to grant bail is the nature of the offence and the gravity thereof. A murder, is by itself a grave offence but where the accused pays money to eliminate a person, the depravity of act disentitles such accused to the concession of regular bail. The petitioners may not have pulled the trigger but the brain behind the finger that pressed the trigger, is equally if not Crl.Misc.No.M-33017 of 2008 4 more liable and, therefore, to urge that the allegation against the petitioners is one of a mere conspiracy disregards the depravity of the petitioners mind, in hiring contract killers and, therefore, disentitles them to the concession of bail, at this stage.
Dismissed.
.5.2009 ( RAJIVE BHALLA ) GS JUDGE