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2001 DIGILAW 62 (CHH)

VISHWAJEET v. STATE OF CHHATTISGARH

2001-06-11

R.S.GARG

body2001
R. S. GARG, J. ( 1 ) HEARD. Case diary of Crime No. 83/2000 of Police Station Bairla, for offence punishable under Sections 302, 120b/ 34. I. P. C. perused. ( 2 ) THE matter has been taken up for hearing in view of l. A. No. 290/2001 filed by the concerned S. H. O. Fedrick Kerketta of Police Station Bairla. As the diary is available the matter is finally heard. ( 3 ) SHRI F. S. Khare, learned counsel for the applicant - Vishwajeet in Misc. Cr. C. No. 911/2001 and applicant Hariya alias Harish alias Harish Chandra in Misc. Cr. C. No. 934/2001, submits that coaccused Roshan and Linga Raju from whom country made revolver and cartridges were recovered, have already been admitted to bail, therefore, the applicant Hariya who is facing almost similar allegations, deserves to be released on bail. He further submits that co-accused David from whom no recovery has been made has already been admitted to bail, therefore, the applicant Vishwajeet from whose possession no recovery has been made deserve to be released on bail. ( 4 ) LEARNED counsel for the State though deposes the application, but was unable to point out any distinguishing feature in case of released accused persons and the present applicants. ( 5 ) TAKING into consideration that co-accused Roshan, Linga Raju and David have already been admitted to bail, both these applications are allowed. ( 6 ) IT is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs. 15,000/- each with one surety each in the like amount to the satisfaction of the C. J. M. , Durg, for their appearance before the said Court! committal court/trial Court or as and where so directed. ( 7 ) ON every Sunday between 9. 00 a. m. to 12. 00 a. m. each of the applicant shall appear at Police Station Bairla (Durg) until further order from this Court. They are forewarned that they shall conduct themselves properly and shall not involve in any criminal activities. committal court/trial Court or as and where so directed. ( 7 ) ON every Sunday between 9. 00 a. m. to 12. 00 a. m. each of the applicant shall appear at Police Station Bairla (Durg) until further order from this Court. They are forewarned that they shall conduct themselves properly and shall not involve in any criminal activities. If they do not conduct themselves properly or do not appear at police station or do not appear on the dates given to them by the C. J. M. /committal Court/trial court, without any justifiable reason, then the said court shall be entitled to cancel the bail, forfeit the bonds and take the defaulter to the, custody. ( 8 ) ON 10-4-2001 this Court had directed that case diary be requisitioned. A requisition message through wireless was sent by the office of the Advocate General, but the diary was not submitted before the Court on 1-6-2001. This Court, therefore, ordered that concerned S. H. O. be informed that if the diary is not produced on 8-6-200 I, then this Court may issued non-bailable warrants against the S. H. O. for production of the case diary. ( 9 ) SHRI Ranbir Singh, learned counsel for the State submits, that, wireless message was sent to the control room, police Bilaspur on 4th itself. ( 10 ) AS the case diary was not produced on 8-6-200 1, this Court directed issuance of non-bailable warrant against the S. H. O. , police station Bairla to ensure production of the case diary. ( 11 ) THE said S. H. O. Fedrick Kerketta has submitted l. A. No. 290/2001, inter-alia submitting that wireless message was received at his police station on 7-6-2001. He immediately required the Constable to go to the Office of the Public Prosecutor/government Pleader for collecting the case diary. The concerned Constable informed him that the case diary would be available only after 5. 00 p. m. because the concerned P. P. ! G. P. has gone to the Court thereafter the case diary could be collected at about 5. 00 p. m. The concerned Constable started for Bilaspur on motor-cycle, but because of the heavy rains he had come back to Bairla (Durg) from where he started in the morning at about 7. 00 a. m. , after changing the bus at about 11. 00 p. m. The concerned Constable started for Bilaspur on motor-cycle, but because of the heavy rains he had come back to Bairla (Durg) from where he started in the morning at about 7. 00 a. m. , after changing the bus at about 11. 30 a. m. he reached the office of the Advocate General at about 12. 30 p. m. He submitted that there are no lapses on his part and he tried his best to deposit the case diary right in time. ( 12 ) FROM the wireless message received by Mr. Fedrick Kerketta it appears that it was issued from the office of the Advocate General on 4-6-2001. Why it was delivered on 7-6-2001 is not known to any-body. It is for the higher officers of the police to see that the wireless messages sent by the office of the Advocate General for further communication are not kept pending or not taken to be un-urgent matters. This Court through the agency of the Advocate General calls for the case diary; it is not the work of Advocate General or his office, but under the directions of this Court the Advocate General requisitions the case diaries. The delay in submission of the case diary is not only unfortunate but is bad. Whatever may be the reason for non-submission of the case diary, but the non-submission of the diary tends to infringe the fundamental right of a citizen who is behind the bars. ( 13 ) TIME and again this Court has been asking and informing the police officials to summit the case diaries right in time. Time and again, assurances have been given to this Court that no lapses shall be committed by the police officers/officials in submission of the case diaries, but the matter has not improved. ( 14 ) TAKING into consideration the explanation submitted by Mr. Fedrick Kerketta, direction of issuance of non-bailable warrant is recalled. ( 15 ) LET copy of this order be sent to the Director General of Police, so that he may issue circulars/directions to all the control rooms and the police officials that wireless messages must be transmitted on the same day and the diary must be submitted in the office of the Advocate General on the date mentioned in the requisition. Applications allowed. --- *** --- .