Yashpal v. State

1) Madan Mohan Singh vs. State of Gujarat & Anr.,(2010) 8 # SCO 628;

2) Sanju @ Sanjay Singh Sengar vs. State of M.P.(2002) 5 see 371; 3)Roop Kishore Madan vs. State 2001(57)DRJ 201; 4)Ganguly Mohan Reddy vs. State ofAndhra Pradesh(2010)1 see 750; 5)Bhausaheb vs. State ofMaharashtra(2018)3 SCC 221; 6) Padmakar Tukaram Bhavnagare & Anr. vs. State of Maharashtra & Anr.(2012)13 SCC 720; 7) Manju Garg & Ors. Vs. State, Bail application NO. 1161/2012 decided on 22.03.2013, passed by Hon'ble High Court ofDelhi. Ld. APP for the State has opposed the anticipatory bail P application and stated that the allegations against the petitioner are serious in nature, lie has allegedly beaten the deceased which has led to the commission of suicide by him. In the suicide note, deceased Sohanvir has held Chaman Singh and Yashpal Singh responsible for his suicide and requested action againstthem. 1 have considered the rival submissions and perused the case laws relied upon by the leamed counsel for the petitioner and am of the view that the above citations are distinguishable on the basis of facts and circumstances stated therein. Howevei, at the stage of anticipatory bail, the court is not supposed to analyse and examine the evidence appearing on record in detail and give a finding whether the offence alleged is made out or not. The suicide note clearly names the petitioner. Moreover,the fact that petitioner is absconding also cannot beignored. The prosecution version is that on 16.11.2018 at 5.53 a.m., an information was received through PGR that "in Delhi Secretariat ^ VVIP Parking, Ct. Sohanvir has fired from the pistol." Later on,it came out that HC Sohanvir had shot himselffrom his service pistol. A suicide note was recovered from the spot. During investigation, it has come onrecord that on 15.11.2018 Chaman Singh,TejPal,Ompal Singh,Yashpal Singh and Deshpal Singh had gone to the residence of W.Ct. Nishu (wife of deceased). Before going there, they had assembled at the house ofPIC Lokender Singh. They had assembled there at the request ofW.Ct. Nishu who had strained relations with her husband PIC Sohanvir Singh (since deceased). On reaching there, a ^ fight had taken place between the deceased Sohanvir Singh and the relatives ofhis wife Nishu. Sohanvir Singh was beaten by the above mentioned five persons in the street outside his house in public view. The local police was informed. The parties were taken to Police Station. The matter was mediated and the parties were counselled. No parties had given any complaint against each other. Thereafter, at about 10.00 p.m., the deceased went to attend his duty and at about

4.30 a.m. on 16.11.2018 he committed suicide by his service pistol. One suicide note has been recovered in which it has been categorically stated that Chaman Singh and Yashpal Singh are responsiblefor his suicide and action should be taken againstthem. The petitioner has been declared PC by the Ld. CMM, Tis Hazari Courts on 08.08.2019 and he is absconding. In view of above facts appearing on record and keeping in mind the suicide note which clearly namesthe presentpetitioner and further in view ofthe factthat petitioner has notjoined the investigation and is absconding and has been declared PO and in view ofthe nature ofallegations,no grounds are made outfor grant ofanticipatory bail. The application is,therefore,dismissed.

BRIJESH SETHI,J SEPTEMBER 30,2019 AK