Jai Singh vs State of Haryana

S.C. Malte, J.

Petitioners before me are two accused out of the accused facing allegations in this case on chargesheet submitted by the police for offence punishable under sections 376/316/506/120B/201/109, Indian Penal Code. Briefly stated the allegations are that the prosecutrix was raped by accused Jaswant Singh. Initially, the allegation of rape was against Jaswant Singh only. The police investigated the case and sent a chargesheet against Jaswant Singh on 7.5.1995. Being dissatisfied with the investigation, the father of the prosecutrix submitted a writ petition before this Court which came to be disposed of by my learned brother who directed the police to undertake further investigation and file supplementary chargesheet. Against that order the other two accused had preferred S.L.P. (Criminal Misc. 31 of 1996) before the Supreme Court. The Supreme Court by order dated 25.1.1996 observed that the above direction by the High Court would not influence the approach by the lower Court which is expected to examine the matter independently. In other words, the matter was reinvestigated.

In the course of further investigation, the story developed was that besides accused Jaswant Singh, the other accused Kanwar Pal had also committed rape on the prosecutrix. It was also claimed by the prosecution that the remaining accused including the present petitioners were responsible in the act because they had threatened the father of the prosecutrix and prevented him from reporting the matter to the police. It was further claimed that these other persons including the petitioners were among the persons who had taken the prosecutrix to Nursing Home run by Dr. Saini, where the prosecutrix was aborted. The material before me, however, indicates that his Lordship had then called the said Dr. Saini in the course of the hearing of the writ petition, mentioned above, which was filed by the father of the prosecutrix. In the course of hearing of that matter, Dr. Saini stated before his Lordship that Jaswant Singh, Kanwar Pal and Rishi Pal were the persons who had accompanied the prosecutrix to the doctor with a view to get the said girl aborted. In other words as per the statement of Dr. Saini, the names of the present petitioners had not been indicated as persons who had accompanied the prosecutrix to Dr. Saini.

Counsel for A.G. Haryana, however, brought my attention to the statement of the prosecutrix recorded on 30.11.1995 in which she has stated the persons including the present petitioners took her to the Nursing Home of Dr. Saini, and Sarpanch Rachhpal Singh had undertaken to pay the charges of the doctor. It appears clearly, therefore, that, stage by stage, the names of the accused were disclosed. Considering all these aspects together, I grant bail to the petitioners on each of them executing bail bond and surety bond to the satisfaction of Chief Judicial Magistrate, Jagadhari, and on further condition that they shall not in any manner tamper with the prosecution witnesses or try to contact them and that they shall render all the necessary cooperation in speedy disposal of the case.