The Punjab Police has moved the Punjab and Haryana High Court, challenging the Additional District and Sessions Judge (ASJ) order which granted anticipatory bail to former DGP Sumedh Singh Saini on May 11, 2020, under sections of kidnapping and criminal conspiracy in Balwant Singh Multani case.
A Bench of Justice Fateh Deep Singh has issued a notice to Saini for November 3, 2020.
The Punjab Police has filed criminal miscellaneous application for setting aside the order of ADJ Monika Goyal, dated May 11, 2020, which granted anticipatory bail to Saini under sections 364 (kidnapping), 201 (causing disappearance of evidence of offence, or giving false information to screen offender), 330 (voluntarily causing hurt to extort confession, or to compel restoration of property), 344 (wrongful confinement for 10 or more days), 219 (public servant in judicial proceeding corruptly making report, etc., contrary to law), and 120 b (criminal conspiracy) of the Indian Penal Code.
The public prosecutor of Punjab Police, Sartej Singh Narula, has argued before the HC that the order which granted bail to Saini is erroneous, suffers from many defects and is liable to be set aside. Therefore, the anticipatory bail granted to Saini is liable to be cancelled.
contended that the ASJ has failed to take into consideration the statement of an eyewitness, who is advocate Gursharan Kaur Mann, recorded under Section 161 of CrPC on May 10, 2020, and the statement clearly sets out an eyewitness account of the illegal detention and inhuman torture of Balwant Singh Multani by Saini.
As per Punjab Police, Saini’s anticipatory bail was later dismissed by the ASJ court when Section 302 was added in the FIR. The HC too dismissed the anticipatory bail of Saini under the murder section. Saini had later approached the Supreme Court, which stayed his arrest.
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