Punjab & Haryana HC: In assault of on-duty officers pre-arrest bail will send bad signals to society and demoralise public servants.

Team SoOLEGAL 11 Sep 2020 3:11pm

Punjab & Haryana HC: In assault of on-duty officers pre-arrest bail will send bad signals to society and demoralise public servants.

The Punjab and Haryana High Court on has observed that if Pre-arrest bail is granted to persons who have assaulted public servants on duty, then people will take law for granted and will indulge in such acts. Which will only demoralise the public servants especially when they are from law enforcement agencies.

Justice H.S Madaan considered the plea regarding an anticipatory bail in context of the FIR under Sections 353,186, 188, 342, 323, 149 of the Indian Penal Code and Section 51 of Disaster Management Act for allegedly beating up two police officials who tried to stop some men and women from fighting on the road. As per the Prosecution the assailants had not only physically assaulted the cops but they also inflicted injuries on their own selves to falsely accuse the police officials.

The Single judge bench didn't find any reason to not believe the prosecution's story, and relied on the facts that were made by the petitioner, merely because one of the co-accused who was a female, was hospitalised. The bench stated that the motive suggested by the accused does not come out to be very cogent and convincing.

The bench observed that the inhuman behavior of the accused cannot be ignored, as that will send a wrong signal in the society as anyone can indulge in such activities and can get away easily.

Custodial Interrogation Of the petitioners is very important to find out whether the incident was pre-planned or has happened in the heat of the moment.

Accordingly, the pre-arrest bail was denied, stating that such relief will only be granted to those cases in which a Criminal Case has only been filed as a tool of harassment and victimization of any person for some personal reasons and not on factual positions.


Tagged: Punjab and Haryana High Court   public servants   law enforcement agencies   Justice H.S Madaan   anticipatory bail   Indian Penal Code   Disaster Management Act   Criminal Cases  
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