JAGDISH CHAND SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAGDISH Chand Sharma has filed the instant petition for anticipatory bail in complaint case No. RBT-169, dated 10.11.2003/2006, under Sections 148/149 and 307 of the Indian Penal Code. In fact initially FIR was registered but it appears that on submission of cancellation or discharge report by the police, application of the complainant was treated as a complaint and after recording preliminary evidence, petitioner and other co- accused were to be summoned for offences under Sections 148/149/307 IPC.

(2.) LEARNED counsel for the petitioner contends that even according to the allegations made in the complaint, the petitioner was not even present at the spot at the time of occurrence and the only allegation against him is that everything happened on the advise of petitioner and co-accused Bhagat Ram and they had also provided weapons to the actual assailants.

(3.) LEARNED senior counsel appearing for respondent No. 2 contends that the petitioner was posted as SHO of the concerned Police Station and he was on leave on the date of occurrence. However, this circumstance has prima facie no nexus with his alleged involvement regarding supply of weapons. It was also urged that he had been evading from appearing in the Court for more than five years after passing of summoning orders (Annexure P-2). However, zimini orders have not been placed on record except since 6.1.2007 onwards showing that correct address of the petitioner, who has since retired, had not been furnished by the complainant.