High Court bail rider for violence ‘instigator’ — plant, look after trees

Saurabh Malik

Tribune News Service

Chandigarh, September 24

An alleged instigator of violence will end up planting saplings in a police station.

When Dharminder allegedly instigated a crowd to attack the police on the Covid lockdown duty resulting in injuries, little did he know that the pre-arrest bail for him would come with a rider. He has been asked by the High Court to plant 10 saplings and look after these for two years.

In case of failure to maintain the trees during the period, the station house officer of the police station concerned would be at a liberty to move an “appropriate application” before the High Court for further action, Justice Hari Pal Verma asserted.

In his petition filed through Vishal Garg Narwana, Dharminder pleaded for an anticipatory bail in an FIR registered on May 18 for voluntarily causing hurt to deter a public servant from his duty and other offences under Sections 332, 353 and 34 of the IPC at the Sarangpur police station.

The FIR was registered against the petitioner on the statement of a head constable. As per the FIR, he, along with a fellow police constable, noticed a gathering of several persons when they were on the lockdown duty. The said the accused were instigating people to pelt stones as the police were not allowing them to go outside because of the Covid-19 pandemic.

Appearing before the Bench, UT Additional Public Prosecutor Manish Jain argued that the petitioner instigated the crowd to attack the police and they sustained injuries in the process. The police were performing duty in such a hard time. Jain, at the time, did not dispute the fact that the petitioner had joined the investigation and his custodial interrogation was not required at the current stage.

Petitioner’s counsel, on the other hand, submitted the petitioner was a poor person earning livelihood by labour work. He had neither instigated the crowd nor caused hindrance to the police work. In fact, the petitioner was preparing a video of the incident, which the police did not like. For this reason, he was falsely implicated in the present case.

“Considering the nature of allegations against the petitioner, it is directed that the petitioner shall approach the station house officer, Sarangpur police station, within a week from today with an undertaking that he will offer his services to plant 10 saplings and further to maintain/look after these trees for two years,” Justice Verma added. Before parting with the case, Justice Verma directed the SHO to provide the plants and place to the petitioner within a month.

from The Tribune https://www.tribuneindia.com/news/chandigarh/high-court-bail-rider-for-violence-instigator-—-plant-look-after-trees-146133