LAWS(P&H)-1997-9-14

KANWAR MOHINDER SINGH Vs. STATE OF HARYANA

Decided On September 12, 1997
KANWAR MOHINDER SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the complainant.

(2.) THE petitioner was granted anticipatory bail vide order passed in Criminal Misc. No. 8035-m of 1997. The order of anticipatory bail was to last after a period of 90 days from the date of order i. e. 29. 4. 1997. As the said period of 90 days is over, this fresh petition for anticipatory bail has been filed. 2. The petitioner admittedly is not arrested. However, the original complainant had given Crl. Misc. Application No. 17055/1997 for submitting her objections and that Crl. Misc. application was allowed.

(3.) THE second argument advanced by Mr. Rajput was that the petitioner is misusing the concession of anticipatory bail. He has drawn my attention to the order of learned Sessions Judge, Ambala dated 8. 4. 1997 vide which he had declined anticipatory bail to the petitioner. It is pertinent to note that after the order of the learned Sessions Judge, this Court had allowed anticipatory bail to the petitioner. Mr. Rajput further argued that after the rejection of the bail application, the petitioner and his friends harassed the complainant. He has read over to me Annexure P/2 which is a copy of the DDR No. 25 dated 12. 4. 1997. In the said DDR, it is stated that after the rejection of the bail application by the Ambala District Court on 9. 4. 1997, the petitioner and his friends in Maruti car started chasing the complainant and followed her to her house which has caused her grave harassment. It is further stated in the said DDR that the petitioner treated her in abusive language and asked that if she did not withdraw the suit filed against him, she will meet with dire consequence and she is under mental trauma and also seeks police protection for her mental and physical well being. Unfortunately, the application is silent as to when the accident took place and where the occurrence took place. It is so vague that no weight can be attached to it at present.