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PUNJAB & HARYANA HIGH COURT
Tek Chand, J.
Rao Harnarain Singh, Sheoji Singh
Versus
State
Criminal Miscellaneous No. 353 of 1957,
Decided On : AUGUST 12, 1957
BAIL - [SECTION 498, CRIMINAL PROCEDURE CODE] - [SECTIONS 302, 376, 109, 201, INDIAN PENAL CODE] - Bail application by accused charged with murder, rape, and destruction of evidence. Held: Bail denied due to the gravity of the offenses, risk of absconding, and potential witness tampering.
Fact of the Case:
The accused, Rao Harnarain Singh, Ch. Mauji Ram, Balbir Singh, and Sanwat Singh, were charged with murder, rape, and destruction of evidence. The victim, Mst. Surti, was allegedly raped by the accused and died as a result. The accused then allegedly cremated her body in an attempt to destroy evidence.
Finding of the Court:
The court found that there was a strong case against the accused and that they were likely to abscond if released on bail. The court also found that there was a risk that the accused would tamper with witnesses if released.
Issues: 1. Whether the accused should be granted bail pending trial. 2. Whether the gravity of the offenses, risk of absconding, and potential witness tampering warrant denial of bail.
Ratio Decidendi: The court held that the accused should not be granted bail because: 1. The offenses charged were serious and carried severe penalties. 2. There was a strong case against the accused. 3. There was a risk that the accused would abscond if released. 4. There was a risk that the accused would tamper with witnesses if released.
Final Decision: The court denied the accused's bail application.
Tek Chand, J.
1. This is an application under Section 498, Criminal Procedure Code, for release of the petitioners on bail pending their trial for offence said to have committed under Sections 302. 376, 109 and 201, Indian Penal Code. The applicants are (1) Rao Harnarain Singh, an Advocate and an Additional Public Prosecutor at Gurgaon, (2) Ch. Mauji Ram Deputy Superintendent Jail, Gurgaon, (3) Balbir Singh and (4) Sanwat Singh. The salient facts of the case are that Kalu Ram accused, husband of Mst. Surti, used to live in one of the rooms in the house of accused Rao Harnarain Singh.
Mst. Surti is said to be an attractive girl of 19 years. On the evening of 18th of April 1957 Rao Harnarain Singh was entertaining Ch. Mauji Ram, Deputy Superintendent Jail, Gurgaon, on the eve of his transfer. Rao Harnarain Singh is said to have required Kalu Hum to send Mst. Surti for the carnal pleasures of himself and his guests. Kalu Ram, who had a very humble station in life, after initial protasts, was induced to provide his wife to satisfy the carnal lust of Rao Harnarain Singh and his guests.
It is said that the girl protested vehemently against this outrageous demand, but under pressure of her husband, she was induced to surrender her chastity. It is alleged that three accused persons Rao Harnarain Singb, Ch. Mauji Ram and Balbir Singh ravished her during the night & she died almost immediately. It is also alleged that her shrieks were heard by some Advocates living in the neighbourhood. It is then stated that at the instance of Rao Harnarain Singh, Dr. Ram Parshad, Assistant Surgeon, was sent for in order to ascertain whether the girl had merely swooned or died.
Another physician Dr. Gulati, was also summoned and both of thorn were of the view, that she was dead but they could not assign the cause of her death. In the early hours of the morning of 19th April 1957 she was cremated. The prosecution contention is that the cremation was unduly hurried, without the performance of the usual funeral rites and with a view to destroy proof of violence done to her. The prosecution then alleges that soon after the hurried cremation of the dead body of Mst. Surti Rao Harnarain Singh left Gurgaon on 19th of April 1957 and was not to be seen there for several days.
Ch. Mauji Ram also left Gurgaon in the early hours of the morning of 19th of April 1957. It is also alleged that before her cremation, clothes worn by Mst. Surti at the time had been removed and they have been found by an expert to be smeared with stains of seminal fluid and human blood. Kalu Ram, the husband of Mst. Surti, made a confession giving full details as to the manner in which pressure was put on him for production of his wife for the satisfaction of the carnal pleasures of Rao Harnarain Singh and his guests.
This confession had been retracted after a lapse of a month and a half of its recording. The prosecution contends that Kalu Ram was made to resile from the confession under influence and coercion emanating from accused Rao Harnarain Singh and Mauji Ram, The prosecution also submitted that Babu Ram, who served Rao Harnarain Singh and his guests at the dinner, was a witness to the earlier part of the entertainment and saw Rao Harnarain Singh, Mauji Ram and Balbir Singh going inside a room with the girl and he also heard their talk when they came out after she had expired.
Out of the applicants Balbir Singh was proclaimed as an absconder and was apprehended after his property had been attached under the provisions of Criminal Procedure Code. Bail Application was rejected by the Committing Magistrate and the Additional Sessions Judge also declined to release the accused on bail. This Court has therefore been moved under Section 498, Criminal Procedure Code, praying that the petitioners be released on bail pending the decision of the case.
2. On behalf of the accused it is stated that a report was made by the local station house Officer to the Superintendent of Police of
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