ROHIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD counsel for the petitioner. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 148, 149 and 307 IPC read with Section 25 of the Arms Act. The FIR in the case has been registered on the statement of the complainant Narender who was sitting in his house along with his neighbour Joginder. At that time, the petitioner came there and he asked Bhola to kill the complainant as the complainant had lodged many cases against them. The petitioner caught hold of the hands of the complainant while others caught hold of his legs. The accused Ravinder @ Bhola fired towards the head of the complainant from his country made pistol. However, the complainant saved himself by bending his neck. The petitioner then took the country made pistol and tried to fire after putting it on the chest of the complainant. However, the country made pistol did not fire. The petitioner also threatened Joginder, the neighbour of the complainant not to give any evidence against them, otherwise, he would be killed. Then all the accused started beating him. On hearing the noise raised by the complainant, the persons from the neighbourhood gathered then the accused ran away. The case relates to firing on the person of the complainant with a country made pistol. The shot that was fired by Ravinder @ Bhola missed the head of the complainant. The petitioner put the same country made pistol on the chest of the complainant and fired but the pistol did not fire. The allegations in the case are serious in nature. The petitioner, it is stated, has been declared a proclaimed offender. Learned counsel for the petitioner submits that the application for anticipatory bail was filed in the month of August. It is thereafter that he has been declared a proclaimed offender. In any case, the exercise of power to grant prearrest bail is somewhat extra-ordinary in character. In the facts and circumstances, no ground for grant of pre-arrest bail is made out. Accordingly, the Crl. Misc. petition is dismissed. However, in case the petitioner surrenders before the Police within 2 days from the receipt of copy of this order, his application for regular bail shall be considered by the concerned Court within 3 days thereafter, after excluding the period of police remand, if any.