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"Case Heard Via Video Conferencing.:::: Downloaded From Local Server On - 07-05-2022 15:07:24
"Case Heard Via Video Conferencing.:::: Downloaded From Local Server On - 07-05-2022 15:07:24
"Case Heard Via Video Conferencing.:::: Downloaded From Local Server On - 07-05-2022 15:07:24
CRM-M-25736-2021 (O&M)
HARSIMRAN SINGH
VS.
STATE OF PUNJAB AND OTHERS
CRM-M-19062-2021 (O&M)
BALWINDER SINGH
VS
STATE OF PUNJAB AND OTHERS
CRM-M-32633-2021 (O&M)
BALWINDER SINGH
VS
STATE OF PUNJAB AND OTHERS
CRM-M-34833-2021 (O&M)
HARSHPREET SINGH @ HARRY
VS.
STATE OF PUNJAB
CRM-M-50056-2021 (O&M)
AMANDEEP SINGH VS. STATE OF PUNJAB
****
Case heard via video conferencing.
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the ground that no sufficient evidence had been found against them
till that stage, but with the police still further investigating the matter,
they could have been released on interim bail on the merits of that
report (to the effect that sufficient evidence against them had not been
gathered till that stage), but they should not have been released on
bail under the provisions of sub Section (2) of Section 167 Cr.P.C.,
thereby ousting any chance for the investigating agency to re-arrest
them if eventually some evidence was gathered against them.
In fact, that is what this court now proposes to do, with
no report under Section 173 (8) Cr. P.C. still having been filed as per
all learned counsel, including the learned State counsel.
However, to enable learned senior counsel for
respondents no.9 to 11 to address arguments in terms of any law
settled on that issue, contrary to what has been observed here-in-
above by this court, adjourned to 24.02.2022.
CRM-M-19062-2021
Vide this petition, the petitioner seeks that a fair and
impartial investigation be conducted in case FIR no. 205 dated
03.12.2020 under the provisions of Section 302/34 of the IPC,
registered at Police Station Shimlapuri, District Ludhiana, by an
independent agency like the Bureau of Investigation or the CBI or
even by a Special Investigation Team to be headed by a person not
below the rank of Inspector General of Police.
As a matter of fact in my opinion this petition has been
rendered infructuous with the Bureau of Investigation (commonly
known as the Crime Branch), already investigating the matter; but
learned counsel for the petitioner submits that because even as per the
affidavit filed by the AIG (Crime Range Ludinana), dated
19.01.2022, the report of the Central Forensic Science Laboratory is
awaited to further come to any conclusion qua respondents no. 9 to
11, the matter may be kept pending till a fresh status report is filed.
Adjourned to 24.02.2022 with the AIG (Crime Branch,
Ludhiana) directed to file a status report also stating as to why the
matter was referred to the CFSL and not to any of the Punjab
Forensic Science Laboratories, with the CFSL already burdened with
cases pertaining to not just the CBI in this part of the country but also
from all northern states.
The Director, CFSL, Chandigarh, is also directed to
expedite the matter and submit its report at the very earliest qua the
material that has been sent to that laboratory by the Bureau of
Investigation, Punjab.
CRM-M-25736, 34833, 50056-2021
As regards these three petitions (CRM-M-25736,
34833, 50056-2021), by which the petitioners therein seek to be
admitted to bail under the provisions of Section 439 Cr.P.C, Mr.
Chadha, learner senior counsel appearing for them, reiterates that
there is no evidence at all that the deceased (Daya Singh) was
murdered, with only one scab found with regard to an injury on his
left toe and that the septicemia would also have been caused due to
such injury, and consequently the petitioners who are all young men
studying for a degree in physiotherapy, deserve to be admitted to bail,
they having been in custody for 10 months now; and especially with
no suspicion having been raised at all against them for a period of
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about 1-1/2 months after the deceased had died and with the
complaint made by the father of the deceased being only one so made
thereafter.
Per contra, learner counsel for the complainant points
to the affidavit earlier filed of the AIG, Crime (prior to 27.08.2021),
wherein it was stated that as per the opinion of the Board of Doctors
(finally constituted after specific directions issued by this court), that
though no poison was detected in the contents of the exhibits, another
reason possible for septicemia could be ''Asphyxia due to aspiration
(frothy secretions in both lungs), chemical induced, poisoning
induced (generalized cyanosis and visceral congestion) etc.''
He further submits upon query of this court that the
petitioners herein were, along with their other co-accused, named by
the father as the persons who had murdered his son, upon questions
having been put to them with regard to his death, since he was found
riding the scooter of one of the accused (not the present petitioners
but of Naman Garg), all of them being room mates and with them not
having answered any question satisfactorily; and further, with their
also being CCTV footage available as regards all the accused having
been seen with the deceased one night prior to the discovery of his
dead body.
At this stage learner State counsel submits that he has
just received information that the CFSL report, as regards the CCTV
footage, has been received by the Bureau of Investigation but with the
report saying that it was inconclusive.
For the AIG, Crime, to file a fresh status report,
adjourned to 24.02.2022.
To be shown in the urgent motion list.
To be taken up as the second case of the day.
A photocopy of this order be placed on the file of the
other connected cases.”
Inspector Balkar Singh, an affidavit dated 21.02.2021 has been filed (though
Inspector Balkar Singh have been concluded and he has been awarded a major
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An affidavit has also been filed by the AIG, Crime Range,
After reproducing the detailed orders passed by this court and the
the last order passed, it is stated by the AIG that the Central Forensic Science
Laboratory, Chandigarh, has analysed the forged photo images and sent its
the case and with “specimen photographs in the same orientation with respect
three of the accused, i.e. Harsimran Singh, Amandeep Singh and Harshpreet
Singh, are in judicial custody and that their custodial interrogation is required
to decipher the truth and to question them in the presence of the three other
It has next been stated by the AIG that the application filed by the
Mapping Test and Narco Analysis Test of the latter three accused has been
filed before the learned District and Sessions Judge, Ludhiana, on 08.02.2022,
Next, it has been stated by the AIG that the mobile phone of the
deceased, Daya Singh, was deposited with the CFSL, Chandigarh, to extract its
data and a report regarding the same is awaited (with the phone having been
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sent there only on 17.01.2022, with it earlier having been sent to the Punjab
State Cyber Crime Cell, Mohali, but with that laboratory unable to make any
headway because the phone was password locked and could not be bypassed
I find that very difficult to digest in view of the fact that about 2
yeas ago a Sub Inspector from the Cyber Crime Cell, Mohali, had appeared
before this court in another case and had very confidently stated that he could
phone password, I do not see why that could not have been done by the Cyber
Crime Cell, Mohali, and therefore the person in whose jurisdiction the said
Cyber Crime Cell, Mohali, (at least of the rank of an Inspector General of
Police), shall file an affidavit as to why, when encrypted data calls can be de-
by the State Cyber Crime Cell, which would seem to be otherwise a very basic
Last, it has been stated by the AIG (Crime), in his affidavit dated
23.02.2022, that the case is still under investigation to verify the role of the
accused, namely Naman Garg, Sameer Sharma and Kashyap Kumar, and would
be taken to its logical conclusion after receiving and scrutinizing the report
All in all the contention of the AIG is that the investigating would
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2021, be admitted to interim bail, upon them furnishing adequate bail and
surety bonds to the satisfaction of the trial court, till the next date of hearing
before this court, with them stated to have been in custody for about 10 months
as recorded in the last order, and with the investigation obviously nowhere near
conclusion as yet.
Ordered accordingly.
and co-operate in the investigation, including being present when the other
three already admitted to bail, i.e. Naman Garg, Sameer Sharma and Kashyap
Kumar, are summoned to join investigation, with it made clear that the last
three accused would also join investigation as and when summoned by the
investigating agency.
Naturally, a short affidavit will be filed by the AIG before the next
or not, and if not, he will specify in what manner they did not co-operate.
FIR, i.e. CRM-M-32633-2021, Mr. Ghai, learned senior counsel appearing for
respondent no.9, cites a judgment of the Supreme Court in Bashir and another
vs. State of Haryana, (1977) 4 SCC 410, as also a recent order of the Supreme
Rajasthan, 2021 SCC Online SC 270, to submit that once an accused has
Cr.P.C. is filed by him seeking release on the ground that the challan has not
been submitted, no matter what reasons are given in the challan submitted
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against other persons, if such persons as are not arraigned as accused in that
(subject to further arguments on that by learned senior counsel for the said
23.03.2022.
cases).
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