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Judgment
Anoop Chitkara, J
FIR No.
Dated
Police Station
Section
314
27.10.2022
Salhawas, District Jhajjar
332, 353, 186, 307, 34, 115, 120- B IPC and Sec on 25(1-B)A-27- 54-59 of Arms Act
The pe oner, incarcera ng upon his arrest in the FIR cap oned above, came up before this Court under Sec on 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
In paragraph 12 of the bail peon, the accused d eclares that he has no criminal antecedents. However, as per para No. 6 of the status report, one more FIR has been registered against the peoner.
Peoner's counsel prays for bail by imposing any stringent condions. The petition contends that the pre-trial incarceraon w ould cause an irreversible injusce to the petitionand family.
The State opposes bail.
REASONING:
The police officials signalled the vehicle to stop upon which the petition along with other co accused tried to run car over police party, hit the barricade and went ahead. The police officials chased the car and one of the co accused sing behind fired at police officials .The present petitionwas sing i n front seat of the car along with other co accused.
On search of the vehicle, the police recovered 03 pistols, 05 guns, 01 country made pistol, 14 live cartridges in all and 03 empty cartridges. The police also recovered Rs. 1,25,000/- from the car. The prima facie allegaons are very heinous when the police had signalled the car to stop, the driver tried to run over them and when the police were chasing the vehicle, gun shot was fired. Aer chasing for one kilometre, the police was able to stop the car and noced that fou r persons were sing inside. Out of them, three were nabbed at the spot but fourth fled away towards the fields. All the three boys were armed with country made pistols. It is not that the person, who had fired at the police can be said to be in his personal act. In fact on the face of it, they were acng as a gang. Considering the massive numbe r of weapons recovered from the peoner’s car and their act of firing at the police , the petitionis not entled to grant of bail.
Petition dismissed in terms menoned above . However, considering the peoner's custody, the ends of jusce will meet by expeding the trial. This court requests the concerned trial court to take up this trial on priority and endeavour to conclude it by July 31, 2023. The expeding of the trial is subject to the cond ion that the petitionshall not seek any adjournment, and if he does so, this order expeding the trial shall stand recalled automacally under s econ 362, read with 482 CrPC, without any further reference to this court. All pending applicaons, if any, stand disposed of.