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2000 DIGILAW 1797 (SC)

Thukchuk Lachungpa v. State of Sikkim

2000-11-01

K.T.THOMAS, R.P.SETHI

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ORDER : In SLP (Crl.) No. 3207/2000 Leave granted. 1. The appellant is now facing a murder charge as he is alleged to have exhorted some persons to attack the deceased-Dewa Tashi Bhutia. Appellant was arrested on 15.5.2000 and is continuing in custody till now. He moved for bail before the Sessions Court first and then before the High Court and as he failed to get enlarged from those Forums this appeal has been filed by special leave. 2. Mr. Kapil Sibal, learned Senior Counsel under instructions submitted that appellant is now implicated in this case due to political reasons because he was formerly a Minister in the same State. This allegation has been stoutly refuted by Mr. V.R. Reddy, learned Senior Counsel who argued for the State. We are not disposed to make any observation on the aforesaid and rival contentions. 3. Learned Senior Counsel then invited our attention to the post-mortem report and contended that since none of the injuries was neither fatal nor even sufficient in the ordinary course of nature to cause death, there is no possibility, even if the prosecution succeeds in establishing the case to the hilt, for the offence to go beyond Section 304, Part II of the Indian Penal Code. In answer thereto Mr. V.R. Reddy contended that injuries will cumulatively be sufficient to cause death and that would bring the offence within the purview of Section 299 of the Indian Penal Code, whether it would amount to murder or not is a matter to be established at the trial stage. 4. As we are dealing with the bail matter we refrain from expressing any opinion on the said contention either. However, we are inclined to release the appellant on bail on the fact situation particularly since he has been in custody from 15.5.2000 onwards. The arguments that he was involved in a number of criminal cases earlier is not enough to deny him bail because of the reply that except one in all other cases he was acquitted or discharged. However that aspect persuades us to impose some conditions on him while releasing him on bail. 5. We, therefore, order the appellant to be released on bail on his executing a bond with two solvent sureties to the satisfaction of the Sessions Judge, East and North, Sikkim at Gangtok. However that aspect persuades us to impose some conditions on him while releasing him on bail. 5. We, therefore, order the appellant to be released on bail on his executing a bond with two solvent sureties to the satisfaction of the Sessions Judge, East and North, Sikkim at Gangtok. He will abide by the following conditions while he is on bail: (1) He shall report to the Ranipool Police Station on every Monday and Thursday between 4.00 p.m. and 6.00 p.m. until further orders. (2) He shall not contact any of the prosecution witness either directly or indirectly. This is necessary to prevent the possible allegation that he would attempt to tamper with the evidence. 6. We permit the State to move for cancellation of this bail if it appears to the State that the appellant being at large does such acts as would be detrimental to the progress of the trial or for any other just cause. 7. The appeal is disposed of accordingly. In T.P. (Crl.) No. 144/2000 8. Transfer petition is dismissed as withdrawn without prejudice to the right to move for transfer to any other place at a later stage if any such exigency would then arise. Order accordingly.