Jawahar Lal Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/951379
CourtPunjab and Haryana High Court
Decided OnMay-28-2012
Case NumberCRL.M.NO.M-15857 OF 2012(O&M)
Judge RAM CHAND GUPTA
AppellantJawahar Lal
RespondentState of Haryana
Excerpt:
ram chand gupta, j. oral: crl.m.no.31886 of 2012 application is allowed subject to all just exceptions. crl.m.no.m-15857 of 2012 the present petition filed under section 438 cr.p.c. is for grant of anticipatory bail to the petitioner in case fir no.83, dated 11.5.2012, under sections 452, 506, 354, 34 ipc, registered at police station khol, district rewari. i have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned sessions judge, rewari, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. brief allegations against petitioner-accused are that on 9.5.2012 at about 10.30 p.m. in the night, she alongwith her daughter was sleeping in the courtyard of her house, when a call was given by petitioner-accused on her mobile phone from his mobile no.8816899614 and, however, she did not respond to the said call. after some time, petitioner-accused alongwith co-accused came on motor-cycle in front of her house and entered her house and started hurling abuses on her. he put his hand in her chest, torn her shirt and, pressed her chest. co-accused mahavir also caught hold of her hand. the occurrence was seen by her daughter, who intervened and rescued her. they also raised threat by showing knife that if matter is reported to the police, then they would kill her. a panchayat was also convened and, however, when no action was taken, the present complaint was lodged. it is contended by learned counsel for the petitioner-accused that there is two days' delay in lodging the present fir and that as per certificate given by sarpanch, panches and other respectable persons of gram panchayat, annexure p1, no such panchayat was convened and petitioner was not involved in any such type of complaint and no such type of case was earlier registered against him. it has also been mentioned that dispute between the complainant and her husband is pending. it is further contended that petitioner was trying to resolve the dispute between complainant and her husband and complainant was having grudge against him as he was taking side of her husband. however there are serious allegations against petitioner-accused. even if there was some dispute between complainant and her husband, it cannot be said that petitioner was having right to call the complainant in the night at 10.30 p.m. on her mobile phone. when she did not attend his call, he entered her house, hurled abuses upon her and misbehaved with her. there are specific allegations against petitioner-accused of outraging the modesty of complainant by entering her house in night. hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. without expressing any opinion on the merits of the case, the present petition filed by petitioner-jawahar lal for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
Judgment:

Ram Chand Gupta, J.

Oral:

Crl.M.No.31886 of 2012

Application is allowed subject to all just exceptions.

Crl.M.No.M-15857 of 2012

The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.83, dated 11.5.2012, under Sections 452, 506, 354, 34 IPC, registered at Police Station Khol, District Rewari.

I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Sessions Judge, Rewari, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.

Brief allegations against petitioner-accused are that on 9.5.2012 at about 10.30 p.m. in the night, she alongwith her daughter was sleeping in the courtyard of her house, when a call was given by petitioner-accused on her mobile phone from his mobile No.8816899614 and, however, she did not respond to the said call. After some time, petitioner-accused alongwith co-accused came on motor-cycle in front of her house and entered her house and started hurling abuses on her. He put his hand in her chest, torn her shirt and, pressed her chest. Co-accused Mahavir also caught hold of her hand. The occurrence was seen by her daughter, who intervened and rescued her. They also raised threat by showing knife that if matter is reported to the police, then they would kill her. A panchayat was also convened and, however, when no action was taken, the present complaint was lodged.

It is contended by learned counsel for the petitioner-accused that there is two days' delay in lodging the present FIR and that as per certificate given by Sarpanch, panches and other respectable persons of Gram Panchayat, Annexure P1, no such panchayat was convened and petitioner was not involved in any such type of complaint and no such type of case was earlier registered against him. It has also been mentioned that dispute between the complainant and her husband is pending. It is further contended that petitioner was trying to resolve the dispute between complainant and her husband and complainant was having grudge against him as he was taking side of her husband.

However there are serious allegations against petitioner-accused. Even if there was some dispute between complainant and her husband, it cannot be said that petitioner was having right to call the complainant in the night at 10.30 p.m. on her mobile phone. When she did not attend his call, he entered her house, hurled abuses upon her and misbehaved with her.

There are specific allegations against petitioner-accused of outraging the modesty of complainant by entering her house in night.

Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused.

Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Jawahar Lal for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.