UDAY UMESH LALIT, J. - (1.) This petition under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the 'Act') highlights willful and deliberate violation of the Judgment and Order dated 24.10.2013 passed by this Court in Criminal Appeal No.1834 of 2013 and seeks initiation of appropriate proceedings under the Act.
(2.) The petitioner, original informant in FIR No.141 dated 06.05.2011 with Police Station Kalanaur, District Rohtak, Haryana for offences punishable under Sections 148, 302 and 307 of the Indian Penal Code read with Section 149 IPC and Section 25 of the Arms Act, was the appellant in Criminal Appeal No.1834 of 2013 assailing the Order dated 11.02.2013 passed by the High Court of Punjab and Haryana granting bail to the respondent. While setting aside the Order granting bail, this Court in its Judgment and dated 24.10.2013 observed as under: "4. ............... In the FIR, the Appellant/Informant has stated that Respondent No.1 fired upon his brother-in-law Vishnu from his revolver and thereafter Sombir also fired upon Vishnu. The other persons mentioned also opened fire indiscriminately leading to firearm injuries on several persons who were at the shop of the Appellant/Informant at that fateful time. ..................................... 5. ............................ Respondent No.1 is indubitably a very influential person in the area, at the time of the incident he was an ex-MLA. Section 109 and Section 149, as envisaged under the IPC have been cited. By Orders dated 23.1.2013, the Addl. Sessions Judge has, on a perusal of the police report and material documents, found existence of a prima facie case under Sections 148, 302 read with Section 149, 307 read with Sections 149, 323 read with Section 149 IPC against all the accused and in addition to this a prima facie case under Section 302 IPC, 109 IPC and 25 of Arms Act against Balbir @ Bali, a prima facie case under Section 307 IPC against Naresh and Rishi, a prima facie case under Section 25 of Arms Act against Dinesh @ Kala and Sunil and a prima facie case under Section 27 of Arms Act. 6. Keeping all these factors in perspective, especially the wide-scale injuries suffered by several persons, there is a strong prima facie case of the involvement of the Respondent No.1 in the alleged crimes. Moreover, the antecedents of Respondent No.1 are such that a reasonably strong apprehension of his tampering with witnesses or leveling of threats is imminent and omnipresent. The severity of the attack should not be overlooked. For these manifold reasons, we set aside the impugned Order dated 11.2.2013, allow the Appeal and cancel the bail granted to Respondent No.1 who shall surrender to custody forthwith."
(3.) Thus, while setting aside the Order granting bail, this Court took into account the role played by the respondent in firing upon the deceased and the fact that he was an influential person in the area with criminal antecedents. In keeping with direction to surrender to custody forthwith, it was expected of the respondent to do the needful. However, the record indicates otherwise and shows attempts to evade execution of consequential non-bailable warrants issued from time to time leading to delays in trial. The Orders passed by the Trial Court on 20.11.2013, 05.02.2014, 15.03.2014, 16.04.2014 and 14.05.2014 bear testimony in that behalf, which Orders were as under: 20.11.2013 "Present: Shri A.S. Kadian, Public Prosecutor for the State assisted by Shri R.K. Sehgal, counsel for the complainant. Accused Sunil and Ajay in custody, whereas all the remaining accused except accused Balwan alias Balli on bail, with Shri O.P. Chugh, Shri Surinder Verma, Advocates. Accused Balwan absent. Three PWs namely Sita Ram, Ram Chander and Ram Mehar are present, but their statements could not be recorded as warrant of arrest issued against accused Balwan not received back either executed or unexecuted and an application seeking exemption of accused Balwan alias Balli from personal appearance for today along with affidavit of his son and photocopy of the Special Criminal Review Petition, has been moved. Heard. Perused. Since there is no stay granted by Hon'ble Supreme Court of India in this case and further more bail of accused-applicant Balwan had already been cancelled by Hon'ble Supreme Court of India, thus there is no merit in this application and the same is hereby dismissed and fresh warrant of arrest of accused Balwan be issued, 7.12.2013. PWs present today stand discharged and would be summoned after procuring the presence of accused Balwan. Since there is non-compliance of the issuance of warrant of arrest against accused Balwan in view of the Order dated 24.10.2013 as passed by Hon'ble Supreme Court of India, therefore, notice be given to SHO, Police Station Kalanaur as to why warrant of arrest of accused Balwan alias Balli have not been sent back to this court either executed or unexecuted, for 7.12.2013." 05.02.2014 "Present: Shri A.S. Kadian, Public Prosecutor for the State. Accused Ajay in custody, whereas all the remaining accused on bail except accused Balwan, with counsel Shri O.P. Chugh, Advocate.............................. Warrant of arrest of accused Balwan received back unexecuted. Now fresh warrant of arrest of accused Balwan be issued through SP Rohtak for 15.03.2014. Notice to surety and identifier of accused Balwan alias Bali be also issued for the date fixed." 15.03.2014 "Present : Shri Surender Pahwa, Public Prosecutor for the State. Accused Ajay in custody, whereas all the remaining accused on bail except accused Balbir alias Bali. Warrant of arrest of accused Balbir alias Bali received back unexecuted. Now fresh non-bailable-warrant against accused Balbir alias Bali be issued through SP Rohtak for 16.4.2014. Notice to his surety and identifier be issued through SHO concerned for the date fixed. 16.04.2014 "Present: Shri Surender Pahwa, Public Prosecutor for the State. Shri O.P. Chugh, counsel for accused Rohtas and Balbir @ Bali. Accused Ajay in custody while all the remaining accused on bail except accused Balbir @ Bali......................... An application has been moved on behalf of accused Balbir @ Bali in which it is stated that accused Balbir @ Bali has filed Curative Petition No.12576/2014 in the Hon'ble Apex Court and hence, intimation is being submitted before the Court. Since warrant of arrest have already been issued against accused Balbir @ Bali, hence, the filing of the application on behalf of accused is of no consequence. The non-bailable warrant which was issued against Balbir @ Bali received back unexecuted and the report is perused. Fresh non-bailable warrant be again issued against Balbir @ Bali and be sent through Superintendent of Police, Rohtak with the direction that the same be executed through some responsible police officer for 14.5.2014." 14.05.2014 " Present Shri Surender Pahwa, Public Prosecutor for the State. Shri O.P. Chugh, counsel for the accused Balbir @ Bali. Accused Ajay in custody while all the remaining accused on bail except accused Balbir @ Bali. Non-bailable warrant issued against accused Balbir @ Bali received back unexecuted. Even the bailable warrant issued against surety has not been executed. Report perused. It appears that State is not making serious efforts for execution of the warrant of arrest. Hence, fresh non-bailable warrant be issued against accused Balbir @ Bali and the same be sent to a Superintendent of Police, Rohtak Range, Rohtak for execution with the direction to get the same executed through some responsible officer of the police for 07.07.2014. Fresh bailable warrant against surety in the sum of Rs.10,000/- be also issued for the next date of hearing." ;