OM PARKASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of five petitions, bearing Criminal Misc. Nos.27540/M, 27542/M, 28147/M, 28745/M, and 28747/M of 2006, respectively, filed by different petitioners, under Section 438 Cr.P.C., for grant of anticipatory bail. All these petitions arise out of FIR No.155 dated 31.3.2006, registered at Police Station, Central, Faridabad. The first petition has been filed by Sukh Ram Jakhar, Rajinder Sharma, Bijender @ Bijji and Kokal @ Shiv Kumar petitioners, while the remaining four are of Sant Ram Sharma, L.N.Prashar, Kailash, and Om Parkash Sharma petitioners, respectively. All the petitioners are practising Advocates, in District Courts, at Faridabad. Ajaybir Bhadana, on whose complaint the case was registered, is also a practising Advocate, at Faridabad.

(2.) There are two bar associations, at Faridabad. Petitioners claim themselves to be members of District Bar Association, Faridabad (to be referred as "Bar-I"), of which L.N.Prashar petitioner is the President. The complainant and his associates are members of the other Bar Association, known as Faridabad District Bar Association, Faridabad (to be referred as "Bar-II"), which is headed by J.P.Adhana, Advocate, as the President. The occurrence took place on 31.3.2006. As per the prosecution case, the term of contract of canteen and cycle-stand, which had been given by J.P.Adhana, President, Bar-II, was to come to an end on that day. And since about 10-15 days prior thereto, Om Parkash Sharma and L.N.Prashar petitioners, who have a criminal record, in association with 15-20 other advocates of their group, had started calling anti-social goonda elements to the court-compound in order to create fear in the minds of other advocates and they all had been proclaiming that they would not let the contractor complete his term and would instead give the contract (of canteen, cyclestand and Photostat machines) to their own men, who would pay contractmoney to them. They had also been proclaiming that they would thrash the contractor who was running the canteen. J.P.Adhana, Advocate, along with his companions, had met the Sessions Judge, Deputy Commissioner, and the Senior Superintendent of Police, Faridabad, in this regard, in the form of a delegation, and had also given a representation to them, so that the authorities may take necessary action so as to avoid the happening of any untoward incident.

(3.) On 31.3.2006, Ajaybir Bhadana, Advocate (complainant), went to meet J.P.Adhana, President of Bar-II, at about 3.30/3.45 p.m., at his seat, where 7/8 more lawyers, Nakul Chaprana, Rakesh Bhadana, Mahender Bainsala, Satish Bhadana, Satender Bhadana, Jai Chand and Ramesh Nagar, were having discussion with J.P.Adhana, Advocate, in the matter. In the meantime, Om Parkash Sharma and L.N.Prashar petitioners, accompanied by 20/25 lawyers and the equal number of outside goonda-elements, went to the canteen and started ransacking it. On hearing the noise, J.P.Adhana and his companion-Advocates, including the complainant, went there. On seeing them, Om Parkash Sharma and L.N.Prashar gave a lalkara, in loud voice, "today they are 5/6 only. Kill them. Then we will see who dares to challenge us". On this, L.N.Prashar, Om Parkash Sharma and his son Gaurav Sharma (also an advocate), whipped out their revolvers and announced that, that was the right time to shoot J.P.Adhana and his companions. Kailash Advocate pointed his double-barrel gun towards them, while their other companion-Advocates, Bijender @ Bijji,Narender Prashar, Sumesh Sharma, Sant Ram Sharma, Sukh Ram Jakhar, Kokal (of Village Tigaon), Rajender Sharma (of Village Sihi), Surinder Sharma (of Mohalla Barh), Rahul Sethi, L.N.Prashar, and Om Parkash Sharma, etc., all advocates, who were armed with dandas and stones, 12/15 outside goonda elements, who were armed with revolvers, guns, dandas and stones etc.; and Birpal son of Girraj resident of Village Baroli who had been previously working as a contractor in the court-premises and was armed with a revolver, attacked the members of the complainant party. Om Parkash Sharma, L.N.Prashar, and Gaurav Sharma started firing,with the intention to kill the complainant -party. On seeing them doing so, Kailash Advocate also started firing from his double-barrel gun. The complainant-party, therefore, started running towards the STD booth, in order to save themselves from bullets and stones. In the meanwhile, one of those bullets hit Rakesh Bhadana, Advocate, in his thigh. He fell down on the ground and bullet-injury received by him started bleeding profusely. On hearing the noise that Rakesh Bhadana had been hit by a bullet, the petitioners and the other assailants ran away from the spot in cars, alongwith their arms. Due to the serious condition of Rakesh Bhadana, the complainant and Nakul Chaprana, Advocate, took him to the Escorts Hospital and got him admitted there. The other members of the complainant party also sustained injuries, with the stones pelted by the assailants.