Punjab-Haryana High Court
Abbas Alias Jahir Abbas vs State Of Haryana on 29 September, 2022
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No. 45564 of 2022 1
110 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 45564 of 2022
Date of decision : September 29, 2022
Abbas @ Jahir Abbas
...... Petitioner
Versus
State of Haryana ...... Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
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Present :- Mr. Amardeep Hooda, Advocate
for the petitioner.
***
PANKAJ JAIN, J. (ORAL)
This is a petition filed under Section 438 Cr.P.C in FIR No. 242 dated 06.05.2022 seeking anticipatory bail for the offence punishable under Sections 148,149,186,332,353,333,324,506 IPC 1860 registered at Police Station Sadar Nuh, District Nuh.
As per the allegations levelled in the FIR it has been alleged that:
"For search of accused in FIR No.114, dated 02.03.2022 under Sections 148, 149, 323, 506, 325, 307 IPC, 25-54- 59 A.ACT Police Station Nuh, at around 10.00 PM were present at Village Shounkh Adda that special informer after being present, gave information to me SI that accused nominated in your FIR No.114/22, Abbas son of Dawood resident of Sounkh, is sitting in front of shop of Javed, in case, a raid is conducted right now, then can be caught. That by taking along the informer, by informing the accompanied employees with the information, reached on the place told by the informer, where on getting the signal of informer, by catching the person sitting on the chair by H.C. Raj Kumar and HGH Anil, I S.I. has asked about the name address then the person, 1 of 4 ::: Downloaded on - 01-10-2022 05:20:33 ::: CRM-M No. 45564 of 2022 2 told his name, Abbas son of Dawood resident of Sounkh, from whom, I S.I. was investigating that in the meanwhile, the caught person Abbas raised an alarm and said that call Javed, Tufail, Abeed, all of them, I have been caught by police party, kill all these policemen. In the meantime, approximately 10/15 persons came by carrying lathi-danda, stones rode in their hands and gave a life taking attack on police party. That Javed son of Jamil, with farsa carrying in his hands, attacked on the head of H.C. Raj Kumar with the motive to kill and Samma son of Jumme Khan, with lathi carrying in his hands, directly attacked on head, which was stopped by H.C. Raj Kumar by his right hand and some persons by hitting gid pathars to me and H.C. Raj Kumar, snatched the caught accused, arrested by us. That due to serious injuries sustained by H.C. Raj Kumar, he fell down on the ground. That accused Javed son of Jamil and Samma son of Jumme Khan, I S.I. knew already. Then Tufail attacked with lathi on the right shoulder of HGH Anil, a woman (fat) hit stones on the government vehicle, from which the glass of government vehicle was broken. Other persons have attacked police party and government vehicle with lathi danda, gid. stones. The persons throwing gid stones, were named by special informer as Abid son of Hakam, Aameen son of Menu, Qasim son of Aameen, Zuber son of Honey, Haseen son of Dawood, Jamil son of Menu, Javed's wife Rukki, Safi son of Agrej, other 8/10 residents of Sounkh, gave injuries to the police party. That due to hitting by farsa, H.C. Raj Kumar in getting the condition of unconscious, I, S.I. with accompanied employees through government vehicle, reached CHC NUH for treatment. That by reaching CHC NUH, for treatment of injured employees, a separate application for medical, was 2 of 4 ::: Downloaded on - 01-10-2022 05:20:33 ::: CRM-M No. 45564 of 2022 3 presented to the doctor. That Dr.Sahib, in MLR NO.DS/ 351/2022 DATE 05.05.2022, declared 2 injuries to injured Raj Kumar. That Injury No.1, ADV NCCT & SURGERY OPINION & SHARP and Injury No.2 ADV ORTHO OPINION and REFFER TO SHKM NALHAD and in MLR NO.DS/ 352/2022 DATE 05.05.2022, declared 2 injuries to injured Anil. That both injuries ADV ORTHO OPINION declared. That due to H.C. Raj Kumar's condition being serious, I, S.I. with injured employees through government vehicle reached Nalhad Medical Nuh, where by admitting injured H.C. Raj Kumar in the EMERGENCY, CT-SCAN & X-RAY were got done. That the above accused by hitting direct attack of farsa on the head of H.C. Raj Kumar with the motive to kill, by attacking police party with gid, stones, lathi, danda, by obstructing APP government duty, by breaking government vehicle and by getting the accused released from police custody had committed offences under sections148,149,186,224,225,4324,332,353,307,506 IPC and 3 PDPP Act."
Learned counsel for the petitioner submits that in the case whereby the petitioner was to be apprehended by the police party he has already been found to be innocent. No recovery is to be made from the petitioner. He further submits that the case of the prosecution can be based on the fact that the police did not use any force to apprehend the petitioner while the occurrence as alleged in the FIR was happened. He further submits that four other co-accused already stand arrested and thus, the plea as taken in the reply before the Sessions Court by the prosecution is not available.
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Mr. Arun Gupta, Asstt. A.G., Punjab, who is present in Court accepts notice on behalf of the State and submits that the petitioner who happens to be former Sarpanch of the village misused his such position and instigated the mob to attack police personnel while they were discharging their official duty. Thus, keeping in view the seriousness of the allegations, the present petition deserves to be dismissed.
I have heard learned counsel for the parties and have gone through the record of the case.
The allegations levelled against the petitioner are serious in nature. The petitioner who happens to be former Sarpanch in order to evade arrest tried to instigate the mob to attack the police party. On his instigation the police party was attacked. Such act on the part of the petitioner can have wider ramifications.
Keeping in view the seriousness of the allegations levelled against the petitioner and without further commenting on the merits of the case, the present petition stands dismissed.
( PANKAJ JAIN )
JUDGE
September 29, 2022
archana
Whether speaking/reasoned Yes
Whether Reportable : No
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