Hisar: In a significant development in a long-pending case linked to the Jat reservation agitation, a Hisar court has granted anticipatory bail relief to an accused, Karambir Dhillon, resident of Adarsh Colony, Azad Nagar, Hisar, observing serious procedural lapses and lack of justification for arrest after more than a decade.The order was passed by additional sessions Judge Manglesh Kumar Choubey, Hisar, the case arising out of an FIR registered in 2010 during protests demanding reservation for the Jat community. According to the prosecution, a mob of around 100-150 persons allegedly stormed a police post in Azad Nagar, raised slogans against the administration, and set the premises on fire, damaging official property, furniture and police belongings. The case was registered under various sections of the IPC, including rioting, arson and unlawful assembly, along with provisions of the Prevention of Damage to Public Property Act.Despite the seriousness of the allegations, the court noted that the petitioner was never arrested during the investigation, and the chargesheet was filed in 2010 without taking him into custody. Over the years, warrants remained unexecuted, and in 2015 he was declared a proclaimed person. The court, however, found flaws in this declaration. It observed that the mandatory procedure under Section 82 CrPC for issuing proclamation was not properly followed, and there was no evidence that the petitioner had been duly notified or that the proclamation was executed in accordance with law.The judge also took note of the prosecution’s failure to file a reply opposing the bail plea despite opportunities, and even remarked on the casual conduct of the Station House Officer during the hearing.Importantly, the court observed that the issue of Jat reservation, which triggered the unrest, has largely settled over time, and there was no compelling reason to arrest the petitioner at this stage.Granting relief, the court directed that if arrested, the petitioner be released on bail upon furnishing bonds of Rs 50,000 with one surety. He has also been directed to join the investigation and appear before the trial court as required. MSID:: 130356682 413 |
