Pirthi Singh vs State of Haryana

M.L. Koul, J.

The statements recorded by the police under Section 161 Cr.P.C. as per the directions of this Court dated 2.8.1996 have been furnished.

The accused Pirthi Singh is seeking bail for an offence under Section 307/34 IPC and under Section 25/27/54/59 of the Arms Act on the allegations of the complainant Patel son of Mohbat resident of village Badopal, district Hissar that he (complainant) had become the agent of opposite party and therefore, was shot at from a pistol by the accused petitioner which hit at his left shoulder.

Vividly, it is found that the occurrence has taken place at 9.00 p.m. on 27.4.1996 and strangely under the light of a Jeep the accused has been identified. Once the gun shot was used on the complainant or the injured and Rapat was recorded, it was the duty of the police to register a case immediately for a cognizable offence of attempt to commit murder. The Rapat No. 22 is recorded on 28.4.1996 and the case is registered on 20.5.1996. The police slept over the matter and after about 22 days the case was registered and the same speaks volumes about the functioning of the police officer who did not register the case after a Rapat was entered in the roznamcha maintained by the police for entering the reports of the people. It appears that the police is supporting some political vendetta and therefore registered the case after such an inordinate delay. The Superintendent of Police Hissar is directed to enquire into the matter personally and take action against the defaulting officer to whom the matter was reported on 28.4.1996 and did not register the case till 20.5.1996.

Hence, the accused is entitled to bail and is ordered to be released on bail in the amount of Rs. 30,000/ with one surety and a personal recognizance bond in the like amount to the satisfaction of Chief Judicial Magistrate, Hissar.

A copy of the order be provided to the State counsel for necessary action as directed above.