Former DGP moves HC for relief: Dismissing Saini anticipatory bail plea, court observes ‘allegations serious, shrouded in suspicion’

Saini had filed the bail application on April 11 in FIR (no. 11) registered in 2020 by the Punjab Vigilance Bureau (VB) of Punjab.

The court of District and Sessions Judge R S Rai observed, “After considering the submissions of counsel for the applicant/accused, Public Prosecutor (PP) for the state and going through the record of this case, this court is of the considered view that there are serious allegations against the applicant/accused, to the effect that he in connivance with his co-accused, Surinderjit Singh Jaspal, has forged and fabricated the agreement to sell the house dated 2.10.2019 in order to save the said house No. 3048 Sector 20-D Chandigarh from attachment. Further, it seems that the execution of the said agreement is shrouded by suspicious circumstances, as it has been shown to be prepared on a plain paper without any attesting witness. Counsel for the applicant-accused submitted that he is ready to hand over the said agreement to this court, so that the same can be handed over to the Investigating Officer.”

The order further said: “The PP for state submitted that simple handing over this document is not sufficient and to know as to under what circumstances it was prepared and how many other persons are involved in this process, custodial interrogation of accused is necessary. Keeping in view nature of allegations coupled with gravity of the offence and role attributed to applicant-accused, no exceptional circumstances are made out in his favour for concession of anticipatory bail. At this stage, nothing can be said, with regard to his innocence as pleaded by him. Rather for proper and effective investigation, custodial interrogation of applicant/accused is necessary. Accordingly, this application seeking relief of anticipatory bail moved by Sumedh Singh Saini deserves dismissal.”

While dismissing Saini’s plea, the court added: “Anything said in this order is only for the purpose of disposal of this bail application and will not affect the merits of the main trial in any manner.”

The prosecution has been alleging that the house in question was purchased using ill-gotten money. After probing the matter, Punjab Vigilance Department had moved an application in court on January 22 last year seeking attachment of the property. The Court of Additional District and Sessions Judge Parminder Singh Grewal ordered provisional attachment of the house was ordered on on July 16, 2021.

According to the prosecution, to protect the house from attachment a sale deed in favour of Saini was produced by Jaspal.

While rejecting his anticipatory bail plea, the court observed that Jaspal earlier taken a consistent stand that he had rented out the said house to Saini, “suddenly produced a photocopy of an agreement dated 2.10.2019 purported to be an agreement to sell executed by him in favour of Sumedh Singh Saini. On these allegations, Sumedh Singh Saini has been nominated as accused on 2.8.2021 in this case for the offences under Sections 465, 467, 471, r.w.s 120-B of IPC, on the basis of report finally approved by the Superiors of Investigating Agency.”

Saini does not have protection from arrest in FIR no. 11, related to the Sector 20-D house.

After the dismissal of his bail from the District and Sessions court, the former DGP has now moved the Punjab and Haryana High Court. The hearing on his anticipatory bail application will take place in the HC on Thursday.