CRM not M-29120 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.not M-29120 of 2012 Date of Decision:-1.7.2013 Amarjit Singh Virk ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.A.P.S.Deol, Senior Advocate with Mr.Davinder Bir Singh, Advocate for the petitioner. Mr.R.P.S.Sidhu, AAG Punjab for the respondent. Mehinder Singh Sullar, J.(Oral) The epitome of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for regular bail filed by the petitioner and emanating from the record, as claimed by the prosecution, is that the prosecutrix, aged 31 years, (name withheld) has two children, elder is daughter of about seven years and younger is the son of about five years. Her husband is running a private Zym. She was a Kabaddi player. During the course of Kabaadi match in Dusshera ground, Phase 7, Mohali, she came in contact with the petitioner and accepted a cash reward from him. Again, she met him in PGI Chandigarh and he offered to help in the treatment of her mother-in-law. She again called him to arrange a bed in PGI for her mother-in-law. She was stated to have paid ` 1,50,000/- to him to arrange Visa of Canada or Australia for her. Thereafter, they kept repeatedly talking on phone. CRM not M-29120 o”
2. 2. The case of the prosecution further proceeds that on 13.7.2011, the prosecutrix met the petitioner in Sector 17, Bus Stand, Chandigarh. He made her to sit in a car and took her to some bank situated in Sector 17 and thereafter took her to HDFC Bank, Sector 9, Chandigarh. Subsequently, they came to his factory situated at C140, Phase 7, Industrial Area Mohali in his car. They had their meals together there. It was claimed that thereafter petitioner took her in a room adjacent to his office. He forcibly removed her trouser and committed rape on her at pistol point. Thereafter, petitioner made her to sit in the car and dropped at Bus stand, Phase 8, Mohali. She informed her relative Kuldeep Singh alias Ladi, who got her medically examined from Government Hospital, Mohali even before registration of the FIR. Subsequently, she made the statement to the police. In the background of these allegations and in the wake of statement of prosecutrix, the present case was registered against the petitioner, vide FIR No.88 dated 13.7.2011 (Annexure P5), on accusation of having committed the offences punishable under sections 376, 420, 506 IPC and sections 25 & 27 of the Arms Act IPC by the police of Police Station Phase 1, Mohali, in the manner depicted here-in-above.
3. Having exercised and remained unsuccessful in the Court of Addl. Sessions Judge, not the petitioner has preferred the instant petition for regular bail in the indicated criminal case, invoking the provisions of section 439 Cr.PC, 4. Notice of the petition was issued to the State.
5. After hearing the learned counsel for the parties, going CRM not M-29120 o”
3. through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.
6. What cannot possibly be disputed here is that after registration of the case, the wife of petitioner represented to the police authority and during the course of investigation, the allegations levelled by the prosecutrix against the petitioner, were found to be totally false and a cancellation report dated 19.12.2011 (Annexure P6) was submitted by the police, the relevant portion of which is as under:- “Whereas the truth is that prosecutrix Rajni had been proved to go to meet the husband of the applicant Amarjit Singh Virk, under a well planned conspiracy at about 1/1.30 pm at his office at C-140 Phase 7 Indl. Area Mohali. It took her about 30-45 minutes to meet him after which she went to bus stand Phase 8 on his car. Thereafter the prosecutrix Rajni reached Civil Hospital, Phase 6, along with three persons at about 6.10 pm. The distance between Phase 8 and Phase 6 Mohali is only about 15-20 minutes. That she reached the hospital to get her medical examination done after about 4 hours i.e. at 6.10 p.m. whereas she was in Phase 8 at about 2.00 p.m. the possibility of the prosecutrix Rajni having had done intercourse with her husband or any other person during these 4 hours, cannot be ruled out. The prosecutrix is a resident of Patiala. If such occurrence would have taken place, she would have called her husband or some near relative to Mohali at the earliest. Whereas during the medical examination, which continued upto 8/9.00 p.m. no relative of the prosecutrix reached Civil Hospital, Phase 6 Mohali. It can be clearly inferred from this, that no such occurrence had taken place with the prosecutrix/She has falsely implicated the husband of the applicant-Amarjit Singh Virk in this case conspiring with Jiwan Singh Virk etc. who is brother of Amarjit Singh Virk. A case was pending between Amarjit Singh Virk and Jiwan Singh Virk since long time which was decided in favour of Amarjit Singh. Jiwan Singh did not go in appeal. Due to the property dispute, Jiwan Singh Virk had a grudge in his mind which resulted in the false implication of Amarjit Singh in this case. During investigation it has been found that the prosecutrix Rajni during her interview on Channel MH-1 regarding the offence committed against her, produced certain document regarding the case related to the dispute regarding CRM not M-29120 o”
4. plot no.C-140 Phase-7, Indl. Area, Mohali pending in the High Court between the husband of the applicant Amarjit Singh Virk and his brother Jiwan Singh Virk and Nawab Singh Property dealer r/o Patiala, which clearly proves that prosecutrix Rajni connived with Jiwan Singh Virk etc. to falsely implicate Amarjit Singh Virk in FIR No.88 dated 13.7.2011 under section 376, 420, 506 IPC and under section 25,27,54,59 Arms Act P.S. Phase 1 SAS Nagar under a pre-planned conspiracy. Further, it has been found that FIR No.226 dated 9.11.11 under section 376/392/506 IPC P.S. Sector 3, Chandigarh has been registered against the husband of Rajni, Chintu, Nawab Singh and Jiwan Singh Virk. This also process their connivance and bad character. The prosecutrix Rajni has earlier also got registered false cases against certain persons in 2003 and 2008, whom she black-mailed and then settled the matter by extorting money. This has been proved by the cutting of the newspapers (copies annexed) and by the statements/affidavit of Smt.Geetanjali wife of late Sri Vidyasagar r/o Patiala and Balwinder Kaur w/o Rajinderpal r/o Patiala. The bad character of Rajni can be inferred from their statements. Considering the above facts, I came to the conclusion that the prosecutrix Rajni has connived with Jiwan Singh Virk etc. who is the brother of Amarjit Singh Virk, husband of the applicant, Surinder Kaur, with whom Amarjit Singh Virk had a property dispute and falsely implicated him in FIR No.88 dated 13.7.2011 under section 376, 420, 506 IPC and under section 25, 27, 54, 59 Arms Act P.S. Phase-I SAS Nagar.”
7. Likewise, the Special Investigation Team (for brevity “the SIT”.) constituted in pursuance of order of this Court has also noticed that the prosecutrix had made 29 calls to the petitioner from 8.3.2011 to 13.7.2011 from her mobile number. Sequelly, petitioner made 31 calls to her. Similarly, Nawab Singh, brother of the petitioner, made 20 calls from his phone to Kuldeep Singh on 13.7.2012, who allegedly accompanied the prosecutrix to Civil Hospital and Kuldeep Singh made 10 calls to Nawab Singh on 13.7.2011. From the detailed investigation by the SIT, it was found that prosecutrix had visited Mohali on various occasions from 8.3.2011 to 30.8.2011 and the tower location on 14.6.2011 at 5.30 pm and 13.7.2011 at 3.02 pm was in Industrial Area Phase-7, Mohali and in CRM not M-29120 o”
5. those days, she also made contact with Amarjit Singh on phone. However, the SIT decided to file the challan against the petitioner in the Court, by virtue of report dated 26.3.2012 (Annexure P7).
8. not only that, Annexure P1 is a copy of FIR of cheating u/ss 420 & 120-B IPC lodged by the petitioner against his brother Jiwan Singh, nephew Harpreet Singh and others with regard to an industrial plot, bearing not C-140 Phase 7, Industrial Area, Mohali. Sequelly, the civil suit filed by the petitioner for specific performance was decreed by the trial Court, by way of judgment dated 12.2.2007 (Annexure P2). In that eventuality, the possibility of false implication of petitioner by the prosecutrix (who is habitual in lodging such false reports against many persons to extort money) at the instance of his (petitioner) brother Jiwan Singh Virk, who has lost legal battle from the petitioner, cannot possibly be ruled out at this stage in the obtaining circumstances of the case. The story of the prosecution prima facie appears to be highly improbable.
9. Moreover, the petitioner was arrested on 27.1.2012, since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will naturally take a long time.
10. In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanated 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 main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail CRM not M-29120 o”
6. and surety bonds to the satisfaction of the trial Court.
11. Needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, during the course of trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. 1.7.2013 (Mehinder Singh Sullar) AS Judge