Justice Lisa Gill noticed that the order declining anticipatory bail to the petitioner had been handed appropriately. The courtroom additionally refused to put aside the Ludhiana courtroom orders declaring him a proclaimed offender, nearly reprimanding the Punjab police for its failure to arrest the ex-MLA, “fearing the wrath” of Bains and his supporters.
Nevertheless, the courtroom directed Bains and different co-accused within the case to look earlier than the Justice of the Peace/trial courtroom inside every week of receipt of an authorized copy of the order.
Instructions had been additionally given to the trial courtroom to decide on their functions inside every week.
Stunning police felt powerless, ineffective in entrance of the ‘rage’ of Bains’s supporters: HC
It’s a matter of shock that the police authorities felt powerless and ineffective in entrance of the ‘rage’ of the supporters of accused No.1 (Simarjeet Bains) and so afraid of the regulation and order state of affairs which they perceived could be created within the wake of the mentioned petitioner’s arrest, that the challan was offered with a request to summon the accused in courtroom.
Within the given factual matrix, in my thought of opinion, accused petitioners usually are not at liberty to take any good thing about the shortcomings on the a part of the investigating company/police. Afore- mentioned is certainly a mirrored image on the clout which the mentioned accused-petitioner was in a position to wield on the police authorities, which is additional mirrored from the truth that even the non-bailable warrants directed to be served by way of the commissioner of police remained unexe- cuted,” Justice Gill noticed whereas expressing shock on a word written by the Punjab police with the challan offered towards the accused on this case.
In its word, the police had said, “Accused Simarjeet Singh Bains is presently MLA from Atam Nagar constituency, who’s a public consultant, who can not abscond anyplace and remainder of the accused individuals are additionally energetic members of his get together. Their arrest can disturb the state of affairs maintaining in view the fashion of his supporters… the accused individuals… could also be summoned within the courtroom.”
In its 27-page order, Jus- tice Gill additionally noticed that accused petitioners don’t deserve any indulgence from the courtroom as it’s obvious that they appear to entertain a notion that regulation is to be flouted at their whims and fancies and is subservient to their trigger.
In his plea, Bains (52) claimed that he had been falsely implicated within the case by his political rivals. It has been argued that in the course of the investigation of the case, he remained within the metropolis and by no means fled from the method of regulation. Based on Bains, the authorities claimed that the proclamation was pasted at his home on March 4, however no such publication was pasted exterior his home or within the space the place he lived.
A former MLA of Atam Nagar constituency in Ludhiana, Bains is an accused in a case registered on July 10, 2021, below sections 376 (rape), 354, 354-A, 506 (prison intimidation), and 120-B (prison conspiracy) of the IPC at division quantity 6 police station. The FIR was registered within the wake of a grievance filed by a 44-year-old girl in November 2020, alleging that she was raped by Bains and that different accused helped him within the crime.
On April 12, an area courtroom in Ludhiana had declared him a proclaimed offender on this case.