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2018 Supreme(Raj) 580

IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
State of Rajasthan – Appellant
Versus
Vikramjeet Singh @ Vika Virk – Respondent
Criminal Misc. (Pet.) No. 780 of 2018
Decided On : 23-05-2018

Advocates Appeared:
For the Petitioners: S.K. Vyas, Vikram Rajpurohit, M.S. Panwar.
For the Respondents: Farzand Ali, Sanjay Bishnoi, Naman Mohnot, Ashok Rathore, Samir Kumar Singh, Dr. Amandeep Kapoor, Ms. Swati Sharma, Achal Singh.

Headnote:

Criminal Procedure Code - Section 31A - Identification of Prisoners Act, 1920 - Section 53 – Transporter – Company – FIR – Laboratory - Incidents of firing at residences of above named persons were immediately reported to police - As said incidents were recorded in CCTV Cameras installed outside both houses footage of those CCTV Cameras were collected by police –Held, Police is directed to submit passage of written text which respondent shall be required to read out for purpose of giving his voice sample before court where case against respondent is pending after committal within a period of one week from today - However it may be ensured that said passage should contain sentences appearing in tape recorded version but can contain only some words from tape recorded version – Order accordingly

JUDGMENT :

Vijay Bishnoi, J.

1. Jodhpur, the second largest city of State of Rajasthan is relatively considered to be a peaceful and safe city. Known for its cultural heritage and hospitality, Jodhpur City is rapidly adopting the metropolitan culture while trying to maintain balance between its originality and development.

2. However, the proud and belief of the residents of Jodhpur, of living in a peaceful and safe city, was shaken with two incidents, took place in the wee hours of 17.03.2017, in which some armed youth indiscriminately fired gunshots at the residences of two persons viz. Dr. Sunil Chandak and Mr. Manish Jain. Dr. Sunil Chandak is owner of a private hospital having several branches in Jodhpur City, whereas Mr. Manish Jain is a transporter, owner of a travel company.

3. The incidents of firing at residences of above named persons were immediately reported to the police. As the said incidents were recorded in the CCTV Cameras installed outside both the houses, the footage of those CCTV Cameras were collected by the police. The details of the said footage revealed that some youth on motorcycle stopped in front of houses of Dr. Chandak and Mr. Jain and started indiscriminate firing.

4. The group of youth first fired gunshots at the house of Dr. Chandak and thereafter repeated the same at the house of Mr. Jain and as the houses of Dr. Chandak and Mr. Jain are falling in different police stations, two FIRs were registered. The FIR of Dr. Chandak is registered at Police Station, Pratap Nagar as FIR No. 106/2017 and FIR of Mr. Jain is registered as FIR No. 69/2017 at Police Station, Shashtri Nagar. As per the police, after the registration of two above referred FIRs in the morning, the complainants in both the FIRs were threatened on their mobile phones, whereby the person calling them had reminded them of the firing on their houses in the morning and asked them to give protection money, otherwise they and their family members either would be harmed or killed. Dr. Chandak was called twice by the person in the evening of 17.03.2017 in which he was asked to give Rs. 50 lac. Mr. Chandak recorded the said conversation and made it available to the police in a pendrive.

5. During the course of investigation, the police arrested two persons from Punjab, who were allegedly the members of the group of youth, who had fired gunshot at the houses of Dr. Chandak and Mr. Jain. When the police decided to conduct test identification parade of those arrested persons and asked one person to make himself available for the same, Dr. Chandak again received a call on his mobile phone on 12.04.2017, allegedly by the same person who had called him in the evening of 17.03.2017 to give Rs. 50 lac, asking him to identify the persons arrested by the police. The said conversation was also recorded by Dr. Chandak and handed it over to the police.

6. It is the case of the prosecution that the person, who called Dr. Chandak on 17.03.2017 twice and thereafter on 12.04.2017 is the respondent in this petition, who had made those calls from Italy through Voice Over Internet Protocol (VOIP). It is also the case of the police that with the help of the cyber crime experts, it has collected the evidence that the respondent-Vikramjeet Singh @ Vika had made those calls to Dr. Chandak from Italy through VOIP on the instructions of one Lawrence Bishnoi, another accused, in this case. After collecting this evidence, the police has obtained arrest warrant of the respondent from the court and in furtherance of that a lookout notice was also issued. Ultimately, the respondent was arrested at Indira Gandhi International Airport, Delhi while he was trying to flee abroad after a brief visit to India. After his arrest, the respondent has confessed that he made those calls to Dr. Chandak on the instructions of Lawrence Bishnoi, who was lodged at Firozpur Jail, Punjab in some other criminal case.

7. Probably the police feel that the information given by the respondent to it is s













































































































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