Mst. Karma vs Harnam Singh and Another

N.C. Sharma, J.—Counsel for the non-petitioner No. 1 was directed to produce Harnam Singh before this court today. Harnam Singh has not been produced before this court. Similarly no affidavit has been filed about the state of the criminal case which is pending against Harnam Singh. How ever Mr. H.S. Sandhu stated that the date fixed in the criminal case was 26th November, 1987 but no witnesses were examined on that date. The case was adjourned to 7th and 8th January, 1988 but no witnesses were present. It was also admitted that Harnam Singh also did not present himself before the trial court on 7th January, 1938. Harnam Singh, non-petitioner No. 1 was granted bail by this court on 5-3-1987. On 10th March, 1987 Karma, sister of the deceased Sher Mohammed filed a complaint u/s 107, Cr.PC against Harnam Singh in the court of the Sub-Divisional Magistrate, Hanumangarh alleging that Harnam Singh has been threatening her and other eye witnesses not to give evidence against him. Upon this application, the Executive Magistrate has issued notice why they should not be required to execute personal bond and sureties to maintain peace. It is stated by the learned Counsel for the petitioner that there had been a further incident on 20th December, 1987 wherein real brother of Slier Mohammed deceased named Sardar has also been murdered by Harnam Singh non-petitioner No. 1 for which a First Information Report has been lodged by Subhan Khan at Police Station, Hanumangarh. It is also not in dispute that 5 other criminal cases are pending against non-petitioner No. 1. Taking into consideration all these facts and the conduct of Harnam Singh and further his conduct of not appearing in the court, the bail granted to him on 5th March, 1987 in S.B. Cr. Misc. Bail Application No. 251/87 (Harnam Singh v. State of Rajasthan), is hereby cancelled. The Addl. Sessions Judge No. I, Hanumangarh will take immediate steps to get non-petitioner No. 1 arrested and will commit him to the judicial custody. The non-petitioner No. 1 will be at liberty to move again after all the eye-witnesses are examined in the criminal case pending against him in the court of Addl. Sessions Judge No. 1, Hanumangarh relating to the murder of Sher Mohammed.