Criminal Misc. No. M-30117 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-30117 of 2011 Date of decision : 20.10.2011 Rajesh ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Jasbir Mor, Advocate for the petitioner. Mr. D.S. Nalwa, Addl. A.G. Haryana. RAJAN GUPTA J. (ORAL) The petitioner has preferred this petition for pre-arrest bail in a case registered against him under sections 323/325 & 34 IPC and 195/196/420 & 120-B IPC added later on vide FIR No. 134 dated 27.04.2008 at police station Sadar Hansi, District Hisar. Learned counsel for the petitioner submits that after scheme of preparing false and fictitious MLR was unearthed, the whole question was referred to PGIMS, Rohtak for its opinion. According to him, the report from the Board constituted has been received and in view of same petitioner is entitled to concession of pre-arrest bail. Learned State counsel has, however, vehemently opposed the prayer. He submits that similar pre-arrest bail applications preferred by the petitioner were earlier dismissed. The petitioner has evaded the process of law for a fairly long time. According to him, all the issues raised can be Criminal Misc. No. M-30117 of 2011 2 taken into consideration by the investigating agency. He, however, contends that custodial interrogation of the petitioner is required. I have learned counsel counsel for the parties. The petitioner earlier preferred Criminal Misc. No. M-5905 of 2011 & Criminal Misc. No. M-21663 of 2011 seeking pre-arrest bail. The petitions were, however, dismissed by detailed orders dated April 25, 2011 and July 25, 2011 respectively. The petitioner has evaded the process of law for a fairly long time and has thus created hindrance for the investigating agency to complete its investigation in time. In the order passed on April 25, 2011 it was observed as under:- “It is alleged that petitioner got a fabricated report of injury on his head to implicate certain persons for offence under section 307 IPC. During investigation, statement of accused Ramesh was recorded by the investigating agency. He disclosed that in the occurrence a minor injury was suffered by the petitioner which was later shown as grievous injury on the basis of report given by Dr. C.R. Garg. For this purpose they had gone to operation theatre of Sarvodaya Hospital, Hisar. A report was thereafter obtained from Dr. Garg showing injury in the left parietal region In view of seriousness of allegations levelled against the petitioner, I am of the considered view that he is not entitled to concession of pre-arrest bail. Dismissed.” It is clear that allegations against the petitioner are serious. He is required by the investigating agency for custodial interrogation. However, he has chosen to file successive pre-arrest bail applications before this court. The facts mentioned in the petition do not show any change of circumstance. It is inexplicable how this third petition for pre-arrest bail is maintainable. Criminal Misc. No. M-30117 of 2011 3 Keeping in view the facts and circumstances of the case, meaningful investigation in the case is necessary and same is required to be taken to its logical end. For the purpose of investigation, custodial interrogation of the petitioner may be necessary. I thus find no merit in this petition. The same is hereby dismissed. Superintendent of Police, Hisar shall, however, be at liberty to appoint a more competent officer for carrying out further investigation. October 20, 2011 (RAJAN GUPTA) Ajay JUDGE