MULTANI (CITCO EMPLOYEE) DISAPPEAR CASE IN MOHALI COURT PUNJAB

This post is news snippet covering- Punjab police moves courts seeking cancellation of anticipatory bail of two accused cops, petition has also been filed seeking cancellation of bail granted to EX-DGP in PHHC.

Introduction– Punjab police have approached to a Mohali court seeking cancellation of anticipatory bail of two accused cops in case involving the disappearance of B.S  Multani, CITCO employee in 1991.

Cancellation of Bail in Mohali District Court by Punjab Police
Cancellation of Bail in Mohali District Court by Punjab Police

Also Read- Cancellation of Bail by High Court in India

Facts of the case – Balwant Singh Multani, a CITCO employee was disappeared in 1991. He was allegedly picked up by two officer (Jagir Singh and Alokh Singh) in 1991 after terrorist attack on Saini, who then was SSP in Chandigarh, in which four police man in his security were killed. The later on claimed that Multani escaped from the custody of Qadian police. Punjab police have approached a Mohali court seeking cancellation of anticipatory bail of the two accused in the case involving in disappearance of B.S Multani, CITCO employee in 1991.

Also Read- Cancellation of Bail by High Court in India

Palwinder Singh Multani, brother of B.S Multani filed an application in Mohali court seeking transfer of case against Jagir and Alokh Singh from the court of Additional District and Session Judge, Monika Goyal. A petition has also filed in the PHHC seeking cancellation of bail granted by a Mohali court in may to former DGP (Sumedh Singh Saini). The case was registered in Mohali on may 6 this year. Former DSP Baldev singh saini, Inspector Satvir singh, Sub-Inspector Har Sahai Sharma, Jagir singh and Alokh singh, ASI Kuldip singh were also involved in this case.

Also Read- In What Cases Bail Can Be Cancelled?

Pending– the Mohali courts have issued notices to the parties concerned on different petitions. but the case in the high court involving the former DGP is yet to be taken up.

Also Read- Cancellation Of Bail

Relevant provisions which may be charged-

section- 364 of IPChttps://indiankanoon.org/doc/695990/

Section- 365 of IPC  https://indiankanoon.org/doc/886598/

Section – 408 of CRPC  https://indiankanoon.org/doc/1327851/

Section- 438 of CRPC  https://indiankanoon.org/doc/1783708/

Section- 439 of CRPC https://indiankanoon.org/doc/1290514/

Cancellation of Anticipatory Bail- There is no specific provision that allow a court to cancel the order of anticipatory bail. However, in several cases it has held that when section- 438 of CRPC permits granting anticipatory bail, it is implicit that the court making such order entitle upon appropriate considerations to cancel or recall the order. There are some grounds on which anticipatory bails stands cancel;-

Also Read- Discharge Application in Criminal Case Dismissed

  1. When the person on bail is found tampering with the evidence either during the investigation or during trial.
  2. When the person on bail commits similar offence or any heinous offence during the period of bail.
  3. When the person on bail has absconded and trial of the case gets delayed on that account.
  4. When its alleged that the person on bail is terrorizing the witness and committing actfs of violence against the police. Read more about Bail Cancellation.
  5. When the person on bail creates serious law and order problems in the serious law and order problems in the society and he had become a hazard on the peaceful living of the people.
  6. When its found that the subsequent events make out a non-bailable offence or a graver offence.
  7. When the high court found that there was wrong exercise of judicial discretion to grant the accused bail.
  8. When the circumstances were proved that the accused has misused the liberty granted to him, it is sufficient ground to cancel bail.
  9. If the life of the accused person on bails itself be in danger.

The Anticipatory Bail can also be cancelled before the regular bail is actually granted.

Also Read- Discharge Application in Criminal Case Dismissed

Conclusion– The criminal justice refer to the agencies of govt. Charged with enforcing law, adjudicating crime & correcting criminal conduct. But the criminal justice system in india is cumbersome, expensive & cumulatively disastrous. The poor can never reach the temple of justice because of heavy costs involved in gaining access and the mystique of legal ethos. Infact, the legal system has lost its credibility for the weaker section of community. But, the judiciary in recent years has taken a lead and has come forward with a helping hand to give some relief to the victims of criminal justice in limited way.

Also Read- REJECTION OF BAIL CHANDIGARH PANCHKULA MOHALI

For case specific advice please contact best/top/expert Criminal Lawyers advocates in Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi Mullanpur Baltana etc.

This post is written by Ramandeep Kaur.

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