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TMI Blog1945 (7) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Code and sentenced to one year's rigorous imprisonment on a charge of harbouring one Prithvi Ahir, who is said to have, been concerned in a serious dacoity committed in July, 1942, with the intention of screening him from legal punishment. From the judgments of the Courts below it appears that the Sub-Inspector in charge of Nawanagar police-station, having received confidential informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the alleged dacoity. The learned Sessions Judge in dealing with this matter observes: "This man Prithvi, it appears, belongs to Shahpur jurisdiction, but it can hardly be supposed from the place and circumstances in which he was arrested that the accused were unaware of his identity or antecedents. The evidence is that both the appellants were found sleeping along with Prithvi and Joga Kan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cond to avoid or delay a judicial investigation. There is really no clear evidence to show that the petitioners knew that Prithvi was a proclaimed absconder. But even if they did, it does not follow that they knew that he had in fact committed an offence of dacoity. The point which arises in this case arose in another case in this Court, which related to the conviction of one Jang Bahadur, and Mer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the fact, a prosecution for harbouring him is clearly premature. The proper course would have been to hold up this case under section 212 until the conclusion of Jang Bahadur's trial, when it might have proceeded in the event of his conviction, but obviously not otherwise." I am clearly of the opinion that this conviction cannot be supported, and I would, therefore, allow this applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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