Jaswant Singh vs State of Haryana

S.S. Saron, J.—Heard learned Counsel for the parties.

The Petitioner seeks regular bail in a case registered against him on 11.7.2010 for the offences under Sections 148, 149, 332, 353, 186 and 307 of the IPC besides Section 3 and 4 of the Prevention of Damage to Public Property Act registered at Police Station Kunjpura, District Karnal.

The FIR in the case has been registered on the statement of Baljit Singh, Sub Inspector, State Vigilance Bureau, Hissar Branch. On 10.7.2010, Sub-Inspector Baljit Singh was assigned temporary duty in connection with the Panchayat elections in State of Haryana. He had to go to Karnal on duty with the police force in Government vehicle driven by EHC Rajender Singh. The complainant Baljit Singh sub-Inspector along with other police officials was going along with DSP Assandh namely Sh. Madan Lal. At about 5.45 pm, the DSP Assandh ordered that there was some tension prevailing in village Chundipur, Police Station Kunjpura in connection with elections and that the police party should immediately reach Govt School, Chundipur. The complainant along with other officials reached the Govt. School Chundipur, where election of Panchayat was going on. At that time Roop Singh, SHO, Police Station Madhuban along with his staff was present. At about 7.45 p.m. in the evening, as soon as the name of the winning candidate for the post of Sarpanch was announced from inside the school, Smt. Kailasho Devi i.e. the candidate who lost the election and who is the wife of the Petitioner Jaswant Singh along with other party supporters came out and started pelting stones on the police party. Jaswant Singh (Petitioner) along with other 50-60 other supporters of Kailasho Devi surrounded the police party. Kailasho Devi hit the complainant Baljit Singh with a stone which hit him on the ankle of his right leg. The Petitioner and his supporters locked Rajender Singh driver of the complainant in his car with the intention to kill him and they tried to burn the car. The police party after putting lot of pressure upon them, took out the driver from the car with great difficulty. They slapped Rajender Singh-driver and gave fist blows to him. The Petitioner, it was alleged, hit Constable Satish Kumar who was present along with SHO, Police Station Madhuban.

According to learned Counsel for the Petitioner a small incident has been exaggerated so as to implicate the Petitioner. In fact, there was difference of only one or two votes between the winning candidate and Kailasho Devi wife of the Petitioner. Therefore the winning side in order to suppress the Petitioner had registered the FIR which is false.

In response, the learned Counsel for the State has submitted that Petitioner had tried to burn EHC Rajinder Singh-driver of the complainant Baljit Singh, Sub-Inspector and he had set his car on fire. This is however, denied by the learned Counsel for the Petitioner.

It may, however, be noticed that the prosecution has to establish its case by leading evidence. The Petitioner is in judicial custody since 12.7.2010. The trial in the case is likely to take time. Custody of the Petitioner is not required for the purposes of investigation.

In the facts and circumstances, the Petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Karnal shall be admitted on bail.