Punjab-Haryana High Court
Lakshya @ Pappu vs Central Bureau Of Investigation on 4 December, 2017
Author: Surinder Gupta
Bench: Surinder Gupta
CRM-M-39567-2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No.M-39567 of 2017 (O&M)
Date of Decision: December 04, 2017.
Lakshya @ Pappu
..........PETITIONER(s).
VERSUS
Central Bureau of Investigation
........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Sajjan Singh, Advocate
for the petitioner (s).
Mr. Sumeet Goel, Advocate
retainer counsel for respondent-CBI with
Mr. M.K. Puri, ASP of CBI.
Mr. R.S. Rai, Senior Advocate with
Ms. Rubina, Advocate
for the complainant.
*******
SURINDER GUPTA, J.(Oral)
Petitioner has filed the present petition under Section 439 Code of Criminal Procedure (for short-Cr.P.C.) seeking regular bail in CBI case No.RCCHG512016S0014 dated 06.10.2016 registered for the offences punishable under Sections 120-B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452 of Indian Penal Code, 25 of Arms Act and 3 and 4 of Prevention of Damage to Public Property Act, 1984 at Police Station CBI SCB, Chandigarh, earlier registered as FIR No. 118 dated 27.02.2016 at Police Station Urban Estate, Rohtak.
Heard.
1 of 7 ::: Downloaded on - 09-12-2017 07:26:30 ::: CRM-M-39567-2017 -2- FIR No.118 was registered at Police Station Urban Estate, Rohtak on 27.02.2016 pertaining to the incident, wherein a mob attacked and put on fire the house of Captain Abhimanyu, Minister in Haryana Government, situated in Sector-14, Rohtak. Complainant Rohit Sindhu in his complaint, which formed basis of recording of FIR, has stated that on 19.02.2016, crowd of agitators started gathering at Sector-14, Rohtak and attained aggressive look. The District Administration clamped curfew. The leaders of agitators through their speeches were inciting the gathering to chase, drive away and attack the police. The complainant and his companions were listening and seeing the entire happening while standing outside the house of Captain Abhimanyu. Due to speeches of leaders, a clash ensued between the gathering and the police standing near Delhi By- pass Chowk. At about 2.30 p.m., sound of shots was heard from Delhi By- pass Chowk side and this news was spread that many persons had suffered fire shot injuries and many agitators have died. At about 3.00 O'clock, a crowd gathered at the place, somebody proclaimed from the mike that shots were fired on the order of the Government and house of Captain Abhimanyu be set on fire, robbed and whosoever is found in the house, be killed. Leaders of agitators namely Rajesh Rukhi, Joginder Joga Banlad, Master Mahender Singh Hooda Kiloi, Gaurav Budhwar, Sumit Kharawar, Sombir Jasia, Manoj Duhan, Yogesh Rathi Law Department MDU, Jitender Rathi, Jagpal MDU, Pawan Jasia, Yoganand Ex-Sarpanch, Baljeet Baliyana, Surinder Advocate, Umed Polangi, Aazad Polangi, Aashish Rurki, Rahul Hooda Basantpur, Satyawan Kadyan Dev Colony, Monu Kheri Sadh, Dadu Deeghal, Deepak Dalal @ Sanju, Vikas Rathi Gaddi Kheri, Sandy Deshwal 2 of 7 ::: Downloaded on - 09-12-2017 07:26:31 ::: CRM-M-39567-2017 -3- Ghilor, Sandeep Kalkal Advocate, Beeja Chamarian, Amrender Sindhu, Narender Balhara MDU and Deva Prem Nagar, led the crowd to the Kothi (house) of Captain Abhimanyu. Complainant and 25 persons, who were present there, closed the door of the house as there were only four police man, who were deputed on guard duty at that time. The leaders named above by setting on fire house of family of Captain Abhimanyu tried to burn all the family members living there. However, they were saved by the complainant and other persons present there. The rowdy crowd of agitators smashed, destructed and looted the entire Kothi (house) and the articles worth crores of rupees lying there including cash, jewellery etc. They also put on fire the vehicles i.e. HR-26CR-5555 (AUDI A6 3.5 TDI), DL1CT- 5996 (COROLLA ALTIS), HR26CP-7200 (TOYOTA FORTUNER). HR26CR-0369 (AUDI), DL4C-0001 (TOYOTA CAMRY), HR26BX-6006 (PORSCHE), DL3SZ-0001 (LAND CRUISER), lying parked there. Petrol bombs were also used. The assailants were proclaiming that the family of Captain Abhimanyu was inside the house and all of them be burn to death and should not be allowed to go out. However, they were saved by the complainant and elder brother of Captain Abhimanyu with the assistance of some persons.
At about 5.30 p.m., about 150 rowdy persons again came to the kothi (house) of Captain Abhimanyu and caused destruction in the Yagshala constructed in the back-yard. One of the rowdy was nabbed by Rohit Malik, whose Nokia mobile fell on the ground but he succeeded in running away from the spot. The identity of that person was ascertained on the basis of his mobile as Ravikant son of Dharampal Malik. The camp 3 of 7 ::: Downloaded on - 09-12-2017 07:26:31 ::: CRM-M-39567-2017 -4- office of Captain Abhimanyu was in front of Kothi no.12 and 13. At that time, complainant along with Lakhan Mishra, Praveen Sandhu, Suresh Sandhu, Dinesh Goyal, Bhupender driver were at the gate of the Camp Office. The mob after coming out of the main resident entered Kothi No.12 and 13 owned by Captain Abhimanyu and ransacked the same. They sprinkled petrol/oil on those Kothies and put them on fire. The vehicles parked in Kothi No.12 i.e. HR21G-6496 (BOLERO), HR-56-7684 (BOLERO), HR-12L-2623 (SUPER SPLENDER A1), HR-12F-1816 (SPLENDER), HR12C-3650 9MARUTI ZEN CAR), HR12C-5929 (BIKE), HR12J-4630 and in Kothi No.13 vehicles i.e. HR-10-5304(BIKE), HR12- 9598 (ACTIVA), HR12T-1886, HR12F-4056, were also burnt. On the first floor of house No.13, there was a tenant Satbir Dahiya and his household articles also got looted/burnt. The complainant and other persons, who ere present at the spot with him have identified some of the rowdy elements. On 20.02.2016 at about 11.40 p.m., a mob under the leadership of Abhishek Hooda @ Binny, Dharmender Khidwali, Monu Kundu Titoli, Sandeep Rathi Advocate, Arvind Gill, Anoop @ Nupala, Prince Kadiyan, Ravinder, Akash Bharat Colony, Praveen Hooda Bharat Colony, Satyawan Kadyan Dev Colony, came at the residence of Captain Abhimanyu. At that time, in the main residence of Captain Abhimanyu, Shishpal, Rohit Malik, Suresh Sindhu, Kuldeep, Dilbag Sindhu, Ashwani Sharma, Sanjay Sindhu, Rajesh Sindhu, Sandeep Kumar, Sukhbir Dahiya, Naresh Pehalwan, Ram Niwas Hooda, Satish Hooda and Vikas Panghal were present for estimating the loss and trying to take care of the articles lying scattered. The assailants, who were armed with lathi, danda, iron rods, petrol bottles and cans having 4 of 7 ::: Downloaded on - 09-12-2017 07:26:31 ::: CRM-M-39567-2017 -5- oil in it, again entered the residence of Captain Abhimanyu and indulged in looting of articles lying on the upper floors. They sprinkled oil on the remaining articles and put on fire along with a car which got saved from burning on the previous day. When the complainant and other persons present at the spot tried to intervene, the mob also tried to put them on fire but they saved themselves by running out of the house of Captain Abhimanyu. The mob then followed them and entered in house No.12 and 13 and put the first floor of house No.13 on fire by sprinkling oil. The complainant alleged that earlier FIR No.65 was got registered at Police Station Urban Estate, Rohtak on 20.02.2016 by EASI Surinder Kumar, who was posted on guard duty, but he was not aware of all the facts and names of the persons leading the mob, as such, could not give a detailed description of all the incidents.
Learned counsel for the petitioner argues that only evidence against the petitioner in this case is recovery of some coins belonging to the family of Captain Abhimanyu, whose house was allegedly ransacked, put on fire and looted by the mob. The alleged recovery of coins from the petitioner cannot be taken as his being member of that mob, which caused damage to house and property of Captain Abhimanyu.
Learned retainer counsel for CBI submits that besides the recovery of silver coins having imprint of name of father of Captain Abhimanyu and his mother, the investigating agency has collected the evidence which show that he petitioner had entered into criminal conspiracy with co-accused and under that conspiracy, attacked the houses of Captain Abhimanyu on 19.02.2016 by inciting the mob, which indulged in arson and 5 of 7 ::: Downloaded on - 09-12-2017 07:26:31 ::: CRM-M-39567-2017 -6- looting. From the possession of petitioner, seven big silver coins, 32 small silver coins having imprint of name of Chaudhary Miter Sain Arya on one side and six other silver coins having imprint of Miter Sain Arya and Smt. Parmeshwari Devi on one side and four small coins having imprint on one side of D.S. Dhillon and photo of 'Ganesha Laxmi' on the other side, along with one lighter of green colour, were recovered. There is direct evidence about involvement of the petitioner in the crime as PW Naveen Dhull, Ajay Malik and Surjit in their statements under Sections 161/164 Cr.P.C., have named the petitioner. CBI after handing over the investigation to it by the State Government, is investigating the case which is at crucial stage. The petitioner was one of the perpetrator of violence during 'Jat Agitation' and if released on bail will prevail upon the witnesses, who are otherwise fearful in prevailing situation in that area. Naveen Dhull, whose statement under Section 164 Cr.P.C. was also recorded by Chief Judicial Magistrate, Rohtak, has identified the petitioner and stated that they were having petrol bottles, lathies, jaillies, when they attacked the houses of Captain Abhimanyu. To similar effect is the statement of other witnesses, whose statements have been got recorded under Section 161/164 Cr.P.C.
Haryana has passed through a very difficult phase during 'Jat Agitation' when many properties were put on fire. Keeping in view the gravity of the offence, the investigation was handed over by the State Government to CBI. Keeping in view the evidence on record against the petitioner and stage of investigation, I am of the considered opinion that grant of regular bail to the petitioner at this stage will allow him opportunity to prevail upon the prosecution witnesses and to tamper with the evidence.
6 of 7 ::: Downloaded on - 09-12-2017 07:26:31 ::: CRM-M-39567-2017 -7- In view of the above facts and gravity of offence, I find no reason to extend the benefit of regular bail to the petitioner at this stage.
This petition has no merits. Dismissed.
( SURINDER GUPTA )
December 04, 2017 JUDGE
Sachin M.
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
7 of 7
::: Downloaded on - 09-12-2017 07:26:31 :::