Mohali, September 1, 2020: The court of Rajnish Garg, Additional Sessions Judge, today rejected bail application of former Punjab DGP Sumedh Singh Saini in the alleged kidnapping and murder case of Balwant Singh Multani saying that 'Saini was guilty of henious crime and his custodial interrogation was necessary'.
Saini can now move the Punjab and Haryana High Court for anticipatory bail.
Some observations made by the judge in his order: “Now another question to be determined in this case is whether custodial interrogation of applicant-accused is necessary in this case or not.
It has been argued by learned counsel for applicant-accused that further investigation can be conducted by taking the applicant-accused in deemed custody while he is still on anticipatory bail as observed by Hon'ble Supreme Court in Sushila Aggarwal's case supra. I have considered this submission made by learned counsel for applicant/accused, but do not find any substance in the same. There can be no dispute regarding law laid down by Hon'ble Apex Court in the aforesaid citation, but custodial interrogation is always more effective. Similar observations have been made by Hon'ble Supreme Court of India in case titled as 'State represented by CBI vs. Anil Sharma (supra)' wherein it has been held that custodial interrogation ATEST is qualitatively more elicitation oriented than questioning a suspect who is on anticipatory bail and custodial interrogation is always more advantageous for getting useful information.
In the case in hand, custodial interrogation of applicant-accused is required to search dead body of victim Balwant Singh Multani, to know the manner in which the body was disposed off and weapon of offence used for committing the crime. It would not be out of place to mention here that applicant-accused being retired Director General of Police, must be wielding great influence in the Police Department as most of the officials of the department have worked under him.
In almost similar circumstances, it was observed by Hon'ble Punjab and Haryana High Court in case titled as 'Lachhman Dass vs. State of Haryana(supra)' that as applicants guilty of custodial death / murder remained Director General and Sub Inspector of Police, their application for anticipatory bail cannot be allowed as they can take advantage of their position and cause hindrance to the proper investigation.
Keeping in view my above observations, applicant-accused Sumedh Singh Saini is guilty of a heinous crime and does not deserve extra ordinary relief of anticipatory bail. His custodial interrogation is necessary to further investigate into the matter. Therefore, without commenting upon other merits of the case, I hereby dismiss this bail application.”
To view the order copy, click the following link:
https://drive.google.com/file/d/1-gqvY0bCMSsZnPudlgYFNsIia3TOJ2kP/view