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2014 DIGILAW 370 (UTT)

Jeevan Lal v. State of Uttarakhand

2014-09-11

SUDHANSHU DHULIA

body2014
Judgment Sudhanshu Dhulia, J. (Oral) In compliance of this Court’s order dated 05.09.2014, affidavit of the Principal Secretary (Home), Government of Uttarakhand has been filed explaining the delay which is being caused by the Forensic Science Laboratory in giving the reports to the Court, particularly, relating to the Viscera Examination. The affidavit of the Principal Secretary (Home) is taken on record. The matter is being heard on merits. Heard Mr. R.C. Joshi, Advocate for the applicants and Mr. K.S. Rautela, learned Government Advocate for the State of Uttarakhand. The applicant are in jail having been implicated in Case Crime No.02 of 2014, which has been registered under Sections 302/120B/504/506 of I.P.C. at Revenue Police Keshetra Gerad, Tehsil Bhanoli, District-Almora. As per the prosecution story the election for the local bodies i.e. Gram Sabha were being held in Uttarakhand and for the particular Gram Sabha “Garad” were to take place on 24.06.2014 where the seat of Gram Pradhan was reserved for Scheduled Caste candidate and applicant no. 1 was the candidate for the seat of Gram Pradhan. Deceased was his election agent in the said election. Applicant no. 2 is the first cousin of the applicant no.1. The polling was to take place on 24.06.2014. On the day of polling, at 4:00 P.M. one Nain Singh, who was supporting another candidate for Gram Pradhan abused the deceased and had also beaten him. The applicant no.1 took the deceased to the hospital as he complained of pain, where he ultimately passed away. The First Information Report was lodged on 26.06.2014. Post Mortem was conducted the same day and when the cause of death could not be ascertained, viscera was preserved. On the last occasion, this Court wanted the Viscera report, however, the same could not be made available, therefore, this Court wanted to seek explanation from the Investigating Officer. Today this Court has been informed that in the present case viscera was not even sent to the Forensic Science Laboratory at the time of filing of this Bail Application and it was sent only on 9th September, 2014 i.e. only the day before yesterday. The Viscera remained with the Investigation Officer who is the Patwari of Patwari Circle- Garad. This Court has been informed that the name of the Investigation Officer is Sri Chandra Sekhar Kandpal who is the Patwari of Patwari Circle-Garad, Tehsil-Bhanoli, District Almora. The Viscera remained with the Investigation Officer who is the Patwari of Patwari Circle- Garad. This Court has been informed that the name of the Investigation Officer is Sri Chandra Sekhar Kandpal who is the Patwari of Patwari Circle-Garad, Tehsil-Bhanoli, District Almora. Prima facie, there is an extreme negligence on the part of the Patwari. Apart from the said Viscera Report (which will not be available in near future, as the concerned authorities in Uttarakhand admit that due to the shortage of manpower they are not able to furnish the report in time) there is nothing else against the applicant, at the moment. Considering the overall evidence which is presently available before this Court, the applicants have been able to make out a case for bail. The bail application is accordingly allowed. Let the applicants (Jeevan Lal and Ishwari Prashad) be enlarged on bail in the aforesaid crime on their executing a personal bond each and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned. Since, prima facie, this Court is of the opinion that the Investigating Officer of the present case i.e. Patwari Sri Chandra Sekhar Kandpal was negligent in sending the Viscera in time, the District Magistrate, Almora is hereby directed to seek explanation from him as to why he has caused the delay in sending the Viscera for examination. It is made clear that the District Magistrate, Almora will not be prejudiced in any manner by any observations made here and he shall make an independent inquiry in the matter. It is made clear that any observation made by this Court is only for the purpose of grant of bail. It shall not be taken into consideration at all in any other proceedings. Let a copy of this order be sent to the District Magistrate, Almora by the Registrar General for compliance.