V.K.JHANJI, J. - (1.) IN this application, prayer made is for cancellation of bail allowed to Jaswinder Singh, A.S.I. vide order dated 22.11.1995.
(2.) F .I.R No. 31 dated 11.9.1995, P.S Hajipur under Sections 302/324/201/148/149, I.P.C was registered against 10 persons alleging that Gurdip Singh and Raghbir Singh have been killed by them. In the F.I.R., it is alleged that 3 injuries were given to each of the deceased by 6 accused attributing one injury to each of the accused. It has been alleged in this petition that the police is trying to shield Jaswinder Singh named in the F.I.R. and for that reason, all the accused except Jaswinder Singh, A.S.I were arrested within two days of the occurrence and Jaswinder Singh A.S.I. was arrested on 23.9.1995 and that too when an application was filed with D.I.G. on 19.9.1995 that Jaswinder Singh is not being arrested. It appears that Jaswinder Singh, at some stage, represented to the D.I.G. Jalandhar Range, Jalandhar for conducting an inquiry in regard to the incident and on his representation, inquiry was marked by name to Shri Mukhtiar Chand, S.P. (Detective), Hoshiarpur. The S.P. conducted the enquiry and submitted his report to the S.S.P. on 22.11.1995. On application filed by Jaswinder Singh, the following order was passed by the Sessions Judge, Hoshiarpur, allowing bail to Jaswinder Singh, A.S.I. "Heard A.S.I. Jaswinder Singh had applied for bail in case F.I.R. No. 31 dated 11.9.1995 of Police Station, Hajipur, under Sections 302, 324, 201, 148 and 149 I.P.C. The learned P.P. stated that though in the F.I.R. Jaswinder Singh applicant was named as one of the accused, but during investigation by Sh. Mukhtiar Chand, S.P. (Detective), Hoshiarpur, he has been found innocent. In the circumstances, A.S.I Jaswinder Singh is ordered to be released on bail on furnishing a personal bond in the sum of Rs. 20,000/ - with one surety in the like amount to the satisfaction of Ilaqa/Duty Magistrate, Dasuya."
(3.) FROM the reading of the order of Sessions Judge, Hoshiarpur, it does not appear that the report was placed on the record for perusal of Sessions Judge or he had applied his mind to the report, it is the allegation of counsel for the petitioner that the report which has now been put on record here in the High Court and copy of which was given to him on the last date of hearing, makes interesting reading inasmuch as A.S.I. Jaswinder Singh is alleged to have left the Court at Dasuya and gone to Police Station, Dasuya to complain to the D.S.P. at 2.30 p.m., that he was abused and threatened by Gurdip under Section 326, I.P.C. whereas entry in the jail at Hoshiarpur shows that the escorting party along with Jaswinder Singh, A.S.I. entered the jail at Hoshiarpur at 2.35 p.m. Thus, according to the counsel, it is humanly impossible to reach Hoshiarpur from Dasuya which is at a distance of 42 kms in five minutes. He also pointed out some other discrepancies. On going through the report of the S.P. (Detective) and having regard to the fact that two persons were killed in the incident, head of one was chopped off and carried away from the site, and having regard to the submissions made by the learned counsel for the petitioner. I am of the view that the Sessions Judge, Hoshiarpur has not properly applied his mind at the time of deciding the application for bail of A.S.I Jaswinder Singh and thus a direction is required to be given to the Sessions Judge to decide the application afresh and pass a speaking and reasoned order. Accordingly, the Sessions Judge, Hoshiarpur is directed to decide the matter afresh within a period of 15 days from today. It is made clear that any observation made herein shall not be taken into consideration by the Sessions Judge while deciding the application for bail of Jaswinder Singh, A.S.I. on merits. Ordered accordingly.;