CRM-M-17131 of 2018(OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M-17131 of 2018(OM)
Date of Decision: 03.05.2018
Jamshed …… Petitioner
State of Haryana …… Respondent
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Rajesh Lamba, Advocate
for the petitioner.
Mr. Ramesh K. Ambavta, AAG., Haryana.
LISA GILL, J (Oral).
Petitioner seeks the concession of anticipatory bail in FIR No.
47, dated 13.03.2018, under Sections 323, 354, 452 IPC, registered at Police
Station Sohna, District Gurugram.
As per allegations in the FIR, the petitioner came to the
complainant’s house on 12.03.2018 at 12.00 noon, caught hold of the
complainant from her hair, slapped her and tried to misbehave with her. It is
alleged that when the complainant raised a hue and cry, two of her
neighbours came to the spot and she was saved. Abovesaid FIR was
registered on these allegations on the next day i.e. 13.03.2018.
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case primarily due to party faction in the
area. There is an unexplained delay in lodging of the FIR, which shows that
the entire story has been concocted. Moreover, a bare reading of the FIR
would reflect that even if allegations for the sake of arguments are taken to
be correct, at best it is an attempt to misbehave on the part of the petitioner.
It is thus debatable whether Section 354 IPC is attracted in this situation. It
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CRM-M-17131 of 2018(OM) 2
is thus prayed that this petition be allowed.
Heard learned counsel for the parties.
As per the Medico Legal Report dated 12.03.2018, available on
the police file, three injuries are mentioned i.e. a mild reddish abrasion on
the left cheek, complaint of pain in the scalp and complaint of pain on the
cheek. FIR in respect to the alleged incident which took place on 12.03.2018
was registered on 13.03.2018.
Learned counsel for the State, on instructions from ASI Satpal,
verifies that the petitioner is not involved in any other criminal case. There
are no allegations on behalf of the State that the petitioner is likely to
abscond or that he is likely to dissuade the witnesses from deposing true
facts in the Court, if released on bail.
Keeping in view the facts and circumstances as above but
without commenting upon or expressing any opinion on the merits of the
case, this petition is allowed.
In the event of arrest of the petitioner, he be released on bail to
the satisfaction of the Arresting/investigating Officer. The petitioner shall
join investigation as and when called upon to do so. Petitioner shall comply
with the conditions stipulated in Section 438(2) Cr.P.C.
It is clarified that none of the observations made hereinabove
shall be construed to be a reflection on the merits of the case. The same are
solely confined for the purpose of decision of the present petition.
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.
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