2002 Supreme(P&H) 123
PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Kanwaljit Singh
Versus
Central Bureau Of Investigation, New Delhi
Criminal Miscellaneous No. 44006-M of 2000,
Decided On : JANUARY 28, 2002
Bail once granted can only be cancelled on very cogent grounds, and the accused must ensure no interference with the due course of justice, fair trial, intimidation of witnesses, or tampering with evidence.
Headnote:
Cancellation of Bail - Threat to Life - IPC 120-B, 302/304, 342/313, 201 - Summary: The court dismissed the petition for cancellation of bail, emphasizing that bail once granted can only be cancelled on very cogent grounds. The court directed the accused to ensure no interference with the due course of justice, fair trial, intimidation of witnesses, or tampering with evidence.
Fact of the Case:
The petitioner sought cancellation of bail for the accused, alleging threats to his life and family by the accused and her followers. The accused refuted the allegations, stating that no physical harm had been caused.
Finding of the Court:
The court dismissed the petition, stating that nothing serious had happened to warrant the cancellation of bail. It emphasized that bail once granted can only be cancelled on very cogent grounds.
Issues: Threat to life, Misuse of bail, Interference with due course of justice, Fair trial, Intimidation of witnesses, Tampering with evidence
Ratio Decidendi: Bail once granted can only be cancelled on very cogent grounds. The accused must ensure no interference with the due course of justice, fair trial, intimidation of witnesses, or tampering with evidence.
Final Decision: The petition for cancellation of bail was dismissed. The accused was directed to ensure no interference with the due course of justice, fair trial, intimidation of witnesses, or tampering with evidence.
1. Through this Cri. Misc. Petition, Kanwaljit Singh has prayed for the cancellation of bail allowed to Bibi Jagir Kaur in case FIR No. RC-S-1-2000-S-005, dated 3-10-2000 registered at Delhi Special Police Establishment, Delhi Branch for offences punishable under Section 120-B read with Sections 302/304/342/313 and 201, I.P.C. and for a direction for her arrest and for committing her to custody by cancelling the anticipatory bail granted to her by this Court (Hon ble S. S. Nijjar, J.) vide order dated 15-11-2000. It is stated that Bibi Jagir Kaur is misusing the concession of bail on account of her political power and patronage and has made it difficult for the petitioner even to live. There is strong threat to the life of the petitioner and his family. She is forcing him and his family not to pursue the murder of her daughter Harpreet Kaur alias Roxy who was madly in love with him and who had secretly married him and had got pregnant from him. Bibi Jagir Kaur hatched conspiracy to murder her. She was murdered due to the conspiracy hatched by her. Bibi Jagir Kaur brought about her murder as she was not happy with her love affair with him (Kanwaljit Singh). She did not want her to marry him. It is stated that since 15-11-2000, she is misusing the concession of bail. She openly instigated persons close to her at her dera to take action against him and his family. Threat was to cause physical harm to him. It was at her instigation that even the move to socially boycott him and his family was initiated. It was widely covered by the press to the effect that the persons having social interaction with the petitioner and his family would be fined. Fearing threats of physical harm and intimidation which amounted to tampering with the case and the evidence, the petitioner had given a letter to SSP Kapurthala for taking appropriate action. She had been collecting people and had been addressing them and instigating them to take action against the petitioner and his family. At her instance, the people were threatening the petitioner and his family by giving threatening calls and asking them to withdraw case against her. In spite of the security provided to the petitioner and his family, they fear physical harm to their life and property because the persons deployed to provide security to him and his family are not carrying sophisticated weapons and their weapons may not work at the time they are needed. Certain friends of his were arrested and they were threatened not to meet the petitioner otherwise action will be taken against them. Swaran Singh Josh who is P.A. to Bibi Jagir Kaur was giving calls to the people to gather in the Gurdwara and was inciting them to act against the petitioner and his family. No action was taken by SSP Kapurthala. SSP Kapurthala played a partisan role from the very first day of the incident and had been holding brief for Bibi Jagir Kaur. On 22-11-2000, marriage of granddaughter of one Dalip Singh Tibbewala who is working in the dera of Bibi Jagir Kaur and is her staunch supporter, was to be solemnized. Bibi Jagir Kaur was to participate and remain present in the house of Dalip Singh Tibbewala throughout the day. A TV crew consisting of Ms. Bhawana Ahluwalia had come to record a TV programme to be shown on Doordarshan in a programme titled tDar Asal". She along with other members of the crew came to the house of the petitioner at about 5 p.m. on 22-11-2000. At that time, the petitioner was not present in the house and the petitioner reached his house at about 5.30 p.m. Immediately thereafter a crowd of approximately 200 people, most of whom were drunk, came outside the house of the petitioner. They started abusing and advancing threats to the petitioner and his family. No action was taken by the police.
2. Petitioner has thus talked of threat to his life and the life of the members of his family. Bibi Jagir Kaur has refuted these allegations through her sworn affidavit. So far, if there has been any thr