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2002 DIGILAW 36 (CHH)

Sunil Kumar Thakur v. State Of Chhattisgarh

2002-05-22

FAKHRUDDIN

body2002
ORDER Fakhruddin, J. 1. Heard. 1. Anticipating arrest in connection with Crime No. 121/2001 registered at Police Station, Saraswati Nagar, Distt. Raipur for the offences punishable under Sections 147, 148, 149, 204, 452, 427, 307 and 302, the present applicant has filed this petition under Section 438, Cr.PC. 2. It is a case where on 6-6-2001 at about 9.40 p.m. about 35 persons armed with deadly weapons as emerged from the order of Sessions Judge, Raipur, had assembled near the house of the deceased Ravi Shukla. They attacked the house of Ravi Shukla who at the relevant time was celebrating his birthday along with his kith and kin. In the incident Deepak Jagwani and Nandlal Patel also suffered injuries. The vehicle belonging to the friend of deceased Ravi Shukla was also badly damaged and the house of Ravi Shukla was ransacked and the house hold items kept there were damaged. The learned Sessions Judge on 26-9-2001 rejected the anticipatory application. The present application has been filed after about 7 months. The applicant is named in the FIR and his participation is alleged. It is also alleged that he has beaten Ravi Shukla, deceased and used knife during the incident. 3. It is stated by the Counsel that the applicant is falsely implicated. It has also been mentioned in ground (i) of the application for bail that the applicant is a practicing Advocate at the District Bar Association, Raipur and to this effect he filed copy of certificate issued by the State Bar Council of M.P. Applicant has also filed his affidavit in support of his application. Copy of Rojnamcha Sanha is also filed. The accused who is said to be an Advocate has filed copy of his sanad in this case on the roll of State Bar Council. 4. Counsel for the State on the other hand contended that he is named in the FIR and he has inflicted injury and actively participated. Thereafter, he absconded and is still absconding. He further submits that because of his absconsion, the trial is being delayed. It is for the State to take such steps which are permissible under law where the offence like present was committed and accused persons are absconding. The State must do its duty to apprehend the accused irrespective of his status or profession. 5. He further submits that because of his absconsion, the trial is being delayed. It is for the State to take such steps which are permissible under law where the offence like present was committed and accused persons are absconding. The State must do its duty to apprehend the accused irrespective of his status or profession. 5. Having considered the facts and circumstances and material on record and having heard Counsel for the parties, it is a matter where offence is heinous and the role played as shown is such that it is not a case for grant of anticipatory bail. 6. In this case, it is also pointed by the State Counsel that many of the accused persons are still absconding and the trial is being affected. It is at the stage of framing of charge. The State should know that it is not helpless, the long arms of law are available. The learned Public Prosecutor and the State may take recourse to the proceedings of Proclamation and attachment as provided in Sections 82 and 83, Cr.PC and other Provisions of Law. The time has changed. It may take steps permissible including the one for publications of absconders' photographs through Print and Electronic media and declaring award on them. It is pointed out that in many cases the accused are absconding since last many years, the warrants issued against them are lying here and there and persons are roaming freely in the State or the adjoining State/States without any fear of being apprehended. 7. In this case the applicant and the other absconders, if so desire, may surrender before the Competent Court within 10 days from today before police or Competent Court. After surrender, the accused be dealt with in accordance with law and if application for grant of remand or bail or otherwise is filed the Competent Court shall consider and decide the same in accordance with law. 8. If the applicant/accused person docs not surrender within 10 days the police shall make all out efforts to apprehend the absconders. The police must do their duty and nab the accused who are absconding and bring them to the book for being tried in accordance with law. Certified copy be supplied to the State Counsel for compliance.