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Jharkhand High Court · body

2009 DIGILAW 845 (JHR)

Mahadeo Oraon v. State of Jharkhand

2009-05-27

D.N.PATEL

body2009
Order Rule. Mr. H. Shikarwar, learned A.P.P., waives service of notice of Rule on behalf of the respondent-State. 2. This application has been preferred under Sections 439 and 440 of the Code of Criminal Procedure, 1973 in connection with the offence registered with Bundu Police Station bearing Case No. 65 of 2008, corresponding to G.R. No. 2639 of 2008 (S.T. No. 50 of 2009), for the offences punishable under Sections 3021379/ 120B/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of Criminal Law Amendment Act. 3. Having heard learned counsel for both sides and looking to the papers of investigation, it appears that there is a prima facie case against the present petitioner. 4. It is submitted by the learned A.P.P. that there are as many as four cases, in which the present petitioner is involved and two are pertaining to murder cases and one case of robbery and one is for keeping firearms against this petitioner. The present one is pertaining to murder of four persons, looking to the involvement of the present petitioner that he has provided a jeep (popularly known as Commander Jeep), which was used in committing offences, to the extremists/terrorists. There are allegations of con. spiracy. Every small act, in offence, of the petitioner is enhancement and furtherance of conspiracy with rest of the coconspirators. 5. In view of the aforesaid facts and looking to the seriousness of the charges, quantum of punishment and the manner in which the present petitioner is involved and also looking to the four antecedents of serious cases, I am not inclined to enlarge the present petitioner on bail, otherwise he may not be available at the time of trial or he may tamper with the evidence. 6. There is no substance in this bail application. Hence, it is dismissed. 7. In this very case, on May 8, 2009, I have passed a detailed order, showing the mode and method for supply of the details of the offence to the concerned Additional Public Prosecutor, after the bail application is served upon the office of the learned Advocate General/Public Prosecutor. Hence, it is dismissed. 7. In this very case, on May 8, 2009, I have passed a detailed order, showing the mode and method for supply of the details of the offence to the concerned Additional Public Prosecutor, after the bail application is served upon the office of the learned Advocate General/Public Prosecutor. In the present case, copy of the bail application was served upon the of fice of the learned Advocate General on March 31, 2009, but, when the matter was called out on May 8, 2009, no information was supplied by the concerned police station to the Additional Public Prosecutor of the State. Thus, . no purpose was served by serving an advance copy of the bail application and, thorefore, detail method was shown by this Court, stepwise, to the effect that what is to be done immediately, after receiving copy of the bail application. 8. It appears that after receiving the copy of the bail application, the office of the Advocate General/Public Prosecutor/Additional Public Prosecutor has not done anything in the matter. Looking to the seriousness of the matter immediately an information ought to have been received from the concerned Police Station, without waiting for an order of a Court, for calling upon the case diary etc. The purpose of serving advance copy of the bail application is that the APP will call for the information from the concerned Police Station and they will be ready with their matters instead of that it has become a practice that never, after receiving copy of bail application, the office of APP is informing the concerned Police Station nor they are calling any information and they are always expecting order of the Court for calling case diary and other papers like antecedent report; etc. and therefore, the purpose of serving of advance copy of the bail application is of no use at all. and therefore, the purpose of serving of advance copy of the bail application is of no use at all. They ought to have:- (i) After receiving the copy of a bail application, henceforth, in all bail applications, the office of the AG/PP/APP will send a message by ‘FAX’ or otherwise in writing, to the office of the Superintendent of Police of the concerned district(s) or the Police Station of the concerned district(s) calling for information about the bail application(s) and consequently, about the offences registered against the petitioner(s), if possible, the following may be the wording of calling information:- “The office of AG/PP/APP has received the Bail Application No ….under Section(s) ….. of the Code of Criminal Procedure, 1973 of …….petitioner(s), in connection with the offence registered with …….Police Station, bearing P.S. Case No…….corresponding to G.R. Case No. ……..Sessions Trial Case No……..pending before the Court of ……for the offences punishable under Sections ……..of the ........ Act, and therefore, depute a responsible Police Officer, who is well conversant with the facts of the aforesaid case alongwith photocopy of all the papers of investigation or chargesheet, including photocopy of the case diary and, shall contact............APP, at the High Court of Jharkhand, Ranchi at 4.00 P.M. on …….date." (ii) It shall be thereafter, a duty of the Superintendent of Police of the concerned district. to inform the concerned Police Station that it shall depute a responsible officer, who is well conversant, with the facts of the case, so as to contact AG/PP/APP alongwith photocopy of papers of investigation or charge-sheet papers including photocopy of case dairy, on the date and time as mentioned by AG/PP/APP. (iii) This exercise ought to be over, as early as possible so that whenever the bail application is enlisted on the board for 'Admission', the concerned PP/APP will be conversant with the facts of the case and will be ready, to argue out his case so that, no time may be prayed for, by the PP/APP and, the matter may be disposed of, as early as possible without any loss of time. (iv) It may happen that after filling of the charge-sheet, sometimes post mortem report, Serologist report, Handwriting expert report, Ballistic expert, report etc. is being filed before the trial court, then such report shall also be brought to the notice of the PP/APP. (iv) It may happen that after filling of the charge-sheet, sometimes post mortem report, Serologist report, Handwriting expert report, Ballistic expert, report etc. is being filed before the trial court, then such report shall also be brought to the notice of the PP/APP. (v) It shall also be the duty of the Superintendent of Police of the concerned district to inform all the Police Stations that whenever a Police Officer, who is well conversant with the facts of the case, is going to contact AG/PP/APP of this High Court, he must go with all the details about antecedents of the petitioner's) if any, as well as details about the other co-accused also, whether they are enlarged on bail or not, by any competent court and also as to whether petitioner(s) was/were absconding or any co-accused of the same FIR is/are absconding. (vi) I hereby, direct the Superintendent of Police of the concerned district that upon receiving the aforesaid message from the office of the AG/PP/APP, he shall direct the concerned Police Station to depute a well conversant Police Officer to contact the concerned P.P./APP with at least or minimum with following details about the case, in 36-Points Format':- (1) Misc. Cr. Application No. : (2) P.S. No……..; G.R No, ....... and Sessions Trial No. (3) Name(s) of the accused: (4) Name(s) of the deceased: (5) Name(s) of any other injured person(s): (6) Date, time & place of incident: (7) Date, time & place of filing F.I.R.: (8) Distance between the scene of offence and Police Station where Flf1 filed: (9) Name of the informant. and Sessions Trial No. (3) Name(s) of the accused: (4) Name(s) of the deceased: (5) Name(s) of any other injured person(s): (6) Date, time & place of incident: (7) Date, time & place of filing F.I.R.: (8) Distance between the scene of offence and Police Station where Flf1 filed: (9) Name of the informant. whether an eye witness?: (10) Offence alleged: (11) Weapons in the hands of the accused: (12) Part played by accused and injuries caused to the respondents/Opposite Parties: (13) Who gave fatal blow(s) to the deceased?: (14) Cause of death, whether corroborated by medical evidence on the record?: (15) Which accused, injured whom?: (16) Whether corroborated by medical evidence?: (17) Motive for the alleged offence: (18) Number of eye-witnesses/injured witnesses: (i) Statement recorded when?: (ii) Whether residing nearby?: (iii) If not residing nearby, place of incident, reason for his presence?: (19) Witnesses, if any, to corroborate eye-witness(es): (20) If the accused not identified at the time of the incident, whether identified during Test Identification Parade?: (21) Test Identification Parade held when?: (22) Recovery or discovery of weapons used in commission of offence: (i) Whether blood-stained?: (ii) Recovery or discovery of the clothes of accused and whether blood stained?: (23) Blood origin and group of the deceased/injured: (24) Blood origin and group of accused: (25) Whether dying declaration recorded?: (i) If yes, how many?: (i) Before whom?: (iii) Time and place: (26) Whether any cross-case is filed? If yes, its time and place. Whether informant are of the accused?: (27) Whether any accused received injuries? If yes, nature of injuries and whether corroborated by medical evidence?: (28) Whether any extra-judicial confession made? If yes, when before whom?: (29) Whether any confession of the accused recorded under Section 164 of the Code of Criminal Procedure?: (30) If case of circumstantial evidence: (i) Which witness saw accused and deceased last together?: (ii) Motive: (iii) Conduct of the accused: (iv) Opportunity to commit murder: (v) Whether recovery or discovery of the weapons, and whether blood stained, blood origin/blood group etc.: (vi) Whether recovery or discovery of clothes and whether blood-stained, blood origin/group: (31) Whether any of the accused had any criminal antecedents?: (32) Whether investigation is in progress?: (33) Whether charge-sheet filed?: (34) Whether charge is framed?: (35) The probable date of commencement of the trial: (36) Whether petitioner-accused was available for investigation, immediately, upon revealing his involvement in the offence? Whether he was absconding?: (vii) If possible, the Superintendent of Police of each district may send this 36-Points Format' to all Police Stations so that whenever any information comes from the office of PP/APP pertaining to any offence registered in that Police Station immediately, the aforesaid 36-Points Format' must by filled up in a clear and legible handwriting of Police and should be handed over to the concerned PP/APP so that without any loss of time and without asking for any adjournment by PP/APP, he can argue out the matter in Court and by this way, the Superintendent of Police, will contribute to accelerate in Justice Delivery Process, in criminal matters. (viii) If the bail application is served upon the office of AG/PP/APP and if it is listed on the very next date or after a day or two, the concerned AG/PP/APP will be at liberty to ask for time to get further instructions from the concerned Police Station in aforesaid 36-Points Format', but, in such case, time period may be shortened by the concerned AG/PP/APP for getting information, looking to the urgency of the bail application. 9. Perhaps this 36-Points Format' details of any criminal offence, include all probable queries of A.P.P., trial court and this Court and will be useful, for early disposal of bail application, with all accelerated velocity as well as, inbuilt accuracy, due to aforesaid details, in 36-Points Format'. 10. Directions contained in foregoing paragraphs are applicable,' mutatis mutandis, in cases of all the bail applications before the trial courts. I hereby direct that in all the matters before the trial court also, whenever the bail matter is received and if the State is opposing the prayer for bail, then in all such cases. preferred for getting bail, whether it is anticipatory bail, regular bail or bail for a temporary period (which is known as provisional bail), the respondent-State shall supply the details as per “36-Points Format” to the concerned Additional Public Prosecutor or Assistant Public Prosecutor or District Government Pleader, Additional Public Prosecutor at district level or Additional Public Prosecutor in trial Court, Special Public Prosecutor, which will be signed by the Investigating Officer who upon proper verification, will tender to the trial Court. I also direct the trial Courts who are dealing with bail matters that details in 36-Points Format. I also direct the trial Courts who are dealing with bail matters that details in 36-Points Format. shall be insisted to be presented by Additional Public Prosecutor signed by Investigating Officer and shall keep in record, so that higher forums can avail the same, if the matter is carried in higher forums and I also direct the Secretary, Department of Home, Government of Jharkhand, Ranchi, to circulate this order to all the Superintendents of Police of all the districts, who, in turn, will inform the Heads of all the Police Stations that henceforth before in all the bail matters before trial courts as well as High Court, whenever a bail application is received by the office of the learned Advocate General/Public Prosecutor/Additional Public Prosecutor/Special Public Prosecutor, the aforesaid details in “36-Points Format” shall be supplied to the Public Prosecutor/Additional Public Prosecutor/Special Public Prosecutor/Assistant Public Prosecutor, with the signature of the Investigating Officer of the concerned offence. This direction will be followed scrupulously, whenever the State is opposing the prayer for grant of bail. 11. The Secretary, Department of Home, Government of Jharkhand, Ranchi, will make fully aware all the Superintendents of Police of every district, by issuing circular, by holding meetings or by calling the periodical reports, so that the Additional Public Prosecutors of High Court as well as trial courts may get immediately the information and without any loss of time of the court and without any loss of public money, the matters can be decided and for want of information by the Additional Public Prosecutors, the matters may not be adjourned and those, who are getting bail, may be released from jail earlier, which will also reduce the cost of retaining them in jail, 12. I hereby direct the Registry to send a copy of this order to all the Sessions Judges of the districts, who, in turn, will inform the Subordinate Judges, who are dealing with the bail matters. I direct the Registry to send a copy of this order to learned Advocate General and Secretary, Department of Home, Government of Jharkhand, Ranchi. 13. I hereby direct the Secretary, Legal Department to circulate a copy of this order to all the Additional Public Prosecutors of the State, at High Court, Jharkhand as well as at every district, either directly or through Advocate General and at district level either directly or through the Government Advocate of the district.