Himachal Pradesh High Court
Ram Singh @ Kaka vs State Of Himachal Pradesh on 5 July, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
Cr.MP(M) No.1501 of 2023 Reserved on : 26.06.2023 Decided on : 05.07.2023 Ram Singh @ Kaka ...Petitioner Versus State of Himachal Pradesh Coram r to The Hon'ble Mr. Justice Virender Singh, Judge.
...Respondent Whether approved for reporting?1 For the petitioner : Mr. Raman Jamalta, Advocate.
For the respondent : Mr. H.S. Rawat, Mr. Tejasvi Sharma, Additional Advocates General with Ms. Leena Guleria & Ms. Avni Kochhar Mehta, Deputy Advocates General.
Virender Singh, Judge.
ApplicantRam Singh @ Kaka has filed the present application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.PC'), in case FIR No.67 of 2020, dated 09.08.2020, registered under Section 302 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 05/07/2023 21:10:26 :::CIS 2read with Section 201 of the Indian Penal Code, (hereinafter referred to as the 'IPC'), registered with Police Station .
Palampur, District Kangra, H.P.
2. According to the applicant, he has been arrested in the aforesaid case on 20.5.2020, whereas, he is innocent and has been falsely implicated in this case, at the instance of the brother of the deceased, without any cogent reason.
3. According to the applicant, he has nothing to do with the commission of the alleged offence. The investigation, in the present case, is also stated to be completed. The police have filed the final report, in this case and material witnesses have already been examined.
4. According to the applicant, he is in judicial custody for more than three years and chances of conclusion of trial against him, are not so bright.
5. The applicant has also tried his luck before learned Additional Sessions JudgeIII, Kangra at Dharamshala, H.P., by moving the application under Section 439 Cr. P.C., which has been dismissed, vide order dated 21.01.2023.
::: Downloaded on - 05/07/2023 21:10:26 :::CIS 36. Mr. Raman Jamalta, learned counsel appearing for the applicant has submitted that till date material witnesses .
have already been examined and only four witnesses are yet to be examined. The remaining PWs are I.O., and other official witnesses.
7. Learned counsel appearing for the applicant has also given certain undertakings on behalf of the applicant, for which, he is ready to abide by, in case, he is ordered to be released on bail.
8. When put to notice, the police has filed the status report disclosing therein that on 20.05.2020, Pradhan, Gram Panchayat, Kand, Shri Rakesh Kalethi, has informed the Police that one Swaroop Chand, posted as water guard, was found dead at a distance of 3035 meters below his house, upon which, the police reached at the spot. When they reached at the spot, Tilak Chand son of Shali Ram, made a statement under Section 154 Cr.PC, disclosing therein that he is working as postman with Department of Posts and posted, as such, with General Post Office, Palampur. He used to attend the duties by commuting from his house daily. They are three ::: Downloaded on - 05/07/2023 21:10:26 :::CIS 4 brothers. He is elder one, Bishan Dass is younger and Swaroop Chand is the youngest one, amongst the brothers.
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Complainant and his brother Bishan Dass used to reside in the houses built on the roadside, whereas, their younger brother Swaroop Chand was residing in the ancestral house, which is situated at a distance of 300 meters. Swaroop Chand was Bachelor. Swaroop Chand was working as water guard with IPH department and was posted in Village Kand.
8.1. On 20.5.2020, complainant was present at his home. At about 6.45 a.m. in the morning, Des Raj son of Ranchu Ram, informed him that his brother Swaroop Chand is lying in an injured condition, in the fields, upon which, complainant, along with his brother Bishan Dass and Desh Raj, reached at the spot and found his brother Swaroop Chand lying dead in the field. Pradhan, UpPradhan and other villagers also reached there.
8.2. Pradhan has informed the police and police team reached at the spot. When the spot and dead body was inspected, then, the injury was found on the forehead. Injuries were also there on the other parts of the body.
::: Downloaded on - 05/07/2023 21:10:26 :::CIS 58.3. On inquiry, one Sita Devi wife of late Shri Braham Dass, disclosed that during previous night, at about 8.30 p.m., .
Swaroop Chand had come to her house, where Ram Singh (applicant) had also come. There was an altercation between them. Applicant told Swaroop Chand that he had implicated him in a false case and threatened him to see. Thereafter, he has left her house. After about 15 minutes, Swaroop Chand has also gone to his house. Complainant has expressed his suspicion that his brother has been killed by the applicant.
8.4. On the basis of the above facts, police registered the FIR under Section 302 IPC.
8.5. The team from RFSL also reached at the spot.
From the spot, physical evidence. i.e. two broken teeth, which were blood stained, leaves of the bushes, blood stained piece of wood, along with Chappal, were taken into possession.
8.6. When the house of accused Ram Singh (applicant) was searched, in the presence of the team of RFSL, as well as, the witnesses, then, from the first floor of the residential house of applicant, one vessel (meant for washing the clothes), was found, in which the clothes were put for washing and on the ::: Downloaded on - 05/07/2023 21:10:26 :::CIS 6 basis of suspicion, the clothes were put for being dry. The colour of the water, in the vessel, was found to be light red.
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Portion of that water was put in the bottle for sample. The applicant was arrested on 20.5.2020 at about 8.00 p.m. 8.7. The postmortem examination of the dead body of Swaroop Chand was conducted. In the opinion of the doctor, the cause of death, in this case, was shock, due to head injury by blunt force impact and sufficient to cause death in an ordinary course of nature viscera and blood were preserved to rule out any intoxication.
8.8 After completion of the investigation, the police filed challan against the accused (applicant) and the case is now stated to be pending in the Court of learned Additional Sessions Judge, Palampur (hereinafter referred to as the 'trial Court') and fixed for PWs on 22.7.2023.
9. On the basis of the above facts, learned Additional Advocate General has prayed that keeping in view the seriousness of the offence, applicant is not entitled to any relief, under Section 439 Cr.PC.
::: Downloaded on - 05/07/2023 21:10:26 :::CIS 710. Applicant has been arrested for the commission of the offence punishable under Section 302 IPC read with .
Section 201 IPC. The investigation, in the present case, is complete and the case is now fixed for PWs on 22.7.2023, before the learned trial Court.
11. The submissions made by Shri Raman Jamalta, Advocate appearing for the applicant, qua the fact that only four PWs have yet to be examined, has not been disputed by the learned Additional Advocate General.
12. From the above facts, it can be said that the trial against the applicant is at the verge of its completion. The role allegedly played by the applicant, in the commission of the crime, will be considered by the learned trial Court on the basis of evidence, which has been adduced before it.
13. Although, the applicant has been arrested in a case under Section 302 read with Section 201 IPC, but mere registration of the case does not take away the presumption of innocence, which is still available to the applicant. No apprehension has been expressed by the Police in the status report, in the eventuality, the application is allowed.
::: Downloaded on - 05/07/2023 21:10:26 :::CIS 814. The bail application cannot be rejected as a matter of punishment, as pretrial punishment is prohibited .
under the law. Punishment can only be imposed, after the full fledged trial. The applicant is the local resident of the area, which falls in the jurisdiction of the learned trial Court.
15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.67 of 2020, dated 09.08.2020, under Section 302 read with Section 201 IPC, registered with Police Station, Palampur, District Kangra, H.P., on his furnishing personal bond in the sum of Rs.50,000/, with one surety in the like amount, to the satisfaction of learned trial Court.
16. This order of release, however, shall be subject to the following conditions:
"a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;::: Downloaded on - 05/07/2023 21:10:26 :::CIS 9
b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
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c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and
d) He shall not leave the territory of India without the prior permission of the Court"
17. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail application.
18. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicant.
19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Lala Lajpat Rai, District & Open Air Correctional Home, Dharamshala, through email, with a direction to enter the date of grant of bail in the eprison software.
20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the ::: Downloaded on - 05/07/2023 21:10:26 :::CIS 10 Superintendent of Jail, Lala Lajpat Rai, District & Open Air Correctional Home, Dharamshala is directed to inform this .
fact to the Secretary, DLSA, Kangra at Dharamshala. The Superintendent of Jail, Lala Lajpat Rai, District & Open Air Correctional Home, Dharamshala, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.
( Virender Singh ) Judge July 05, 2023(ps) ::: Downloaded on - 05/07/2023 21:10:26 :::CIS