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PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Central Bureau Of Investigation
Versus
Bibi Jagir Kaur
Criminal Misc. No. 13254 of 2001,
Decided On : JANUARY 28, 2002
Anticipatory Bail - Jurisdiction of Magistrate - Section 438 Cr.P.C. - [Anticipatory Bail] - [Jurisdiction of Magistrate] - [Section 438 Cr.P.C.]
Fact of the Case:
The case involved the grant of anticipatory bail to Bibi Jagir Kaur by the High Court, which was challenged by the Central Bureau of Investigation (CBI). The Magistrate's order directing Bibi Jagir Kaur to seek regular bail from the trial court was also contested.
Finding of the Court:
The court found that the order of the Magistrate directing Bibi Jagir Kaur to seek regular bail from the trial court was misconceived and unwarranted by the provisions of the Code of Criminal Procedure. The court held that the order granting anticipatory bail by the High Court could not be cancelled by the Magistrate or the court of session. The Magistrate's order recalling the previous order was deemed legal.
Issues: The main issue was the jurisdiction of the Magistrate to pass orders regarding anticipatory bail and the subsequent direction to seek regular bail from the trial court.
Ratio Decidendi: The court ruled that the order of the Magistrate directing the accused to seek regular bail from the trial court was unwarranted, and the order granting anticipatory bail by the High Court could not be cancelled by the lower courts. The Magistrate's order recalling the previous order was considered legal.
Final Decision: The petition challenging the legality of the orders was dismissed, and it was held that the Court of Session may call upon Bibi Jagir Kaur to furnish fresh bonds to ensure her continued presence before it till the trial is over.
M.L.Singhal, J.
1. Through this Crl. Misc. No. 13254-M of 2001, filed under Section 482 Cr.P.C., Central Bureau of Investigation (CBI) has prayed for the quashing of orders dated 13.2.2001 Annexure P-1 and 12.3.2001 Annexure P-2 passed by Special Judicial Magistrate, CBI (Punjab), Patiala. Before we proceed to deal with the question whether these orders passed by Special Judicial Magistrate, CBI, Patiala are or are not legal, it would be useful to advert to the facts which have given rise to these orders.
2. One Crl. Misc. No. 11534-M of 2000 was filed by Kamaljit Singh resident of Begowal, District Kapurthala in this court. Another Crl. Misc. No. 11329-M of 2000 was filed by Lawyers for Human Rights through its Vice President. In these Crl. Misc. applications, this court gave the following directions vide order dated 9.6.2000 :-
"In the light of the discussion made above, it is hereby directed that the investigation into the circumstances leading to the death of Harpreet Kaur alias Rozy shall be conducted by the CBI. SP, CBI, Chandigarh is directed to proceed with the investigation and in case the same is found to be the result of commission of an offence, guilty shall be brought to book. The inquiry shall be completed within four months from the date of the receipt of certified copy of this order."
3. In compliance with the orders dated 9.6.2000, a preliminary inquiry No. S11-2000-S-0001 dated 11.7.2000 was registered in Special Investigation Cell of CBI, New Delhi. According to the FIR, the inquiry revealed that Kamaljit Singh son of Darshan Singh resident of Begowal was intimately in love with Harpreet Kaur alias Rozy daughter of Bibi Jagir Kaur President of the Shiromani Gurdwara Parbandak Committee and a resident of Begowal. A secret engagement ceremony took place between them at Chandigarh on 6.9.99. During the course when they were engaged in love affair with each other they had physical connection with each other, as a result of which Harpreet Kaur became pregnant. The said pregnancy was confirmed on 12.2.2000 by Dr. Mrs. Jyoti Rana of Sector 39-B, Chandigarh. Bibi Jagir Kaur was opposed to the culmination of their love affair into marriage and she therefore, entered into a criminal conspiracy with Mrs. Dalvinder Kaur, Paramjit Singh, Nishan Singh and others to send her away from Chandigarh to Phagwara so that she could not have any meeting with Kamaljit Singh. They decided to illegally detain in Harpreet Kaur and bring about miscarriage of the child she was carrying in her womb due to her physical connection with him though they knew that causing miscarriage was likely to cause her death. On 18.3.2000, Dalvinder Kaur along with her driver Harvinder Kumar alias Binder had taken Harpreet Kaur to her residence in Phagwara on the pretext of taking her to Patiala for shopping in connection with her marriage. She was compelled to stay at Phagwara against her wishes. On 19.3.2000, Smt. Satya wife of Bhag Ram maid servant of Dalvinder Kaur gave tea to harpreet Kaur and on consuming that tea, she started feeling giddy and became unconscious. Ultimately this is said to have brought about abortion. Thereafter again, Harpreet Kaur was kept in illegal confinement at the house of Dalvinder Kaur at Phagwara. ASI Nishan Singh, PSO of Bibi Jagir Kaur, Smt. Satya, Harvinder Kumar alias Binder, Sanjiv Kumar and others used to guard her during her illegal confinement. On 8.4.2000, Harpreet Kaur jumped out of small window of the room and reached a place nearby Jalandhar from where she contacted Kamaljit Singh and asked him to come and take her. Kamaljit Singh and his sister Manjit Kaur took her to Sports School, Rai, Sonepat on 8.4.2000 where they halted on 9.4.2000 at the house of one Smt. Kulwinder Chauhan. Kamaljit Singh even contacted the members of his family and learnt that police officials had visited his house to know his whereabouts. Harpreet Kaur also contacted her mother and protested against sending the police to the
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