High Court Rajasthan High Court

Daljeet Singh Alias Baljeet Singh vs State Of Rajasthan on 7 November, 1989

Rajasthan High Court
Daljeet Singh Alias Baljeet Singh vs State Of Rajasthan on 7 November, 1989
Equivalent citations: 1990 (2) WLN 55
Author: N Sharma
Bench: N Sharma


JUDGMENT

N.C. Sharma, J.

1. The Public Prosecutor has produced the case diary I have gone through the case diary. It appears that as back as on March 2, 1988, on the First Information Report lodged by Gurdeo Singh, the Officer-in-charge of the Police Station, Hanumangarh bad registered a case for offences Under Sections 307 and 336, IPC and tinder Section 27 of the Arms Act. Although, a period of one year and 8 months has elapsed but so far no charge-sheet has been filed. It appears from the case diary that practically the investigation was Complete by April, 1988. It is all due to laxity of Shri Janardan Sharma, Dy. S P. and the subsequent Circle Officers that the matter is lingering on without any progress Case diaries dated 17-4-88, 9-5-88, 14-6-88.15-7-88 and”28-8-188 go to show that what ever entries were made in the case diary of these dates were simply made to fill in the blanks by wholly irresponsible Police Officers, that not only shows high dereliction of duties but gives rise to the inference of corruption on the part of the Investigating. Officers. Greater we condemn the Police Officers concerned the better it is.

2. The petitioner was very well available and ‘for extraneous reasons, the Police Officers made no effort to arrest the petitioner. In such suspicious circumstances created by the police by its own acts and omissions, it becomes a worth case to grant anticipatory bail.

3. I allow this bail application and order that the petitioner, Daljeet Singh, if sought to be arrested by the Station House Officer, Hanumangargb Junction in pursuance of the investigation is FIR No 52 of 2-3-1988 under sees 307/34 & 336 IPC and Section 27 of the Arms Act, will be enlarged on bail on his furnishing a personal bond in the sum of Rs. 6,000/- with two sureties in the sum of Rs. 3,000/- each to the satisfaction of the said Station Officer, to appear before him in connection with interrogation and investigation of the said offence when ever called upon to do so. The petitioner will further comply with the following conditions:

(1) That the petitioner shall make himself available for by a Police Officer as and when required; interrogation

(2) That the petitioner shall not. directly or indirectly, make any inducement, threat or promise by any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court, or to any Police Officer; and

(3) That the petitioner shall not leave India without the previous permission of the Court.

4. A copy of this order will be sent to the Director General of Police, Rajasthan, Jaipur and to the Superintendent of Police, Ganganagar, for information immediately.