OM PARKASH @ OM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 438 of Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 324 dated 19.06.2011 under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code, registered at Police Station Rohtak Civil Lines, District Rohtak.

(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Addl. Sessions Judge, Rohtak, dismissing the bail application filed on behalf of the petitioner.

(3.) Briefly stated, case of the prosecution is that convict Sunil son of Sewa Singh was undergoing imprisonment for 10 years in case FIR No. 9/09 under Section 376(2)(G), 120-B, 304 and 342 of Indian Penal Code, Police Station Lakhan Majra and applied for parole on the plea that his mother was ill and was taking treatment from General Hospital, Rohtak as per medical record submitted by him. However, the application was filed by Jail Superintendent as he was not eligible for parole as per Section 4 (1) of Parole Rules, 2007. Thereafter, he filed Crl. Writ Petition No. 10188 of 2011 in this Court for parole for treatment of his mother Jagwanti wife of Sewa Singh by attaching medical treatment record of his mother Jagwanti. On the said application, inquiry was got conducted and it came during inquiry that Jagwanti had never taken treatment from General Hospital, Rohtak and the documents regarding her ailment were forged one. Hence, on the complaint of Superintendent, District Jail, Rohtak, the present case was registered.