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2016 DIGILAW 2701 (HP)

Rahul Malik v. State of Himachal Pradesh

2016-12-21

DHARAM CHAND CHAUDHARY

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JUDGMENT : Dharam Chand Chaudhary, J. The petitioner is an accused in FIR No. 68 of 2016, registered under Sections 302, 307, 147, 148, 149 IPC and under Section 25 of the Arms Act in Police Station Dharampur, District Solan, H.P. He is presently in judicial custody and lodged in Sub Jail, Solan. This application has been filed for the grant of bail on the ground that he is a student of LL.B. 5th semester, Campus Law Centre, University of Delhi. As per the date sheet Annexure P-2, the examination of LL.B 5th Semester is scheduled to be held from 20th December, 2016 onwards up to 10th January, 2017. 2. Similar application filed by the accused-petitioner in Sessions Court, Solan has been dismissed by learned Addl. Sessions Judge (II), Solan, recently on 17.12.2016 vide reasoned order annexed to this petition. This Court is also not inclined to accept the prayer for the grant of bail for a limited duration i.e. up to 10th January, 2017 made by the accused-petitioner for the reason that the offence he allegedly committed is not only heinous but also grievous in nature and punishable with deterrent sentence, including capital punishment. He being permanent resident of Gautam Budh Nagar, Noida, Uttar Pradesh is an outsider and the possibility of his fleeing away from justice cannot be ruled out. 3. The gravity of offence, he allegedly committed and the prayer he made in this application is, however, to be balanced vis-à- vis his Constitutional right to education. Mr. Anoop Chitkara, Advocate, learned counsel has produced the copy of Roll No. issued by the University to the accused-petitioner along with date sheet. In the pre-lunch session, learned Addl. Advocate General was permitted to get the correctness of these documents verified from the University. He has informed this Court that the correctness of the documents in question has been verified from Delhi University by Dy. Superintendent of Police, Parwanoo, Supervisory Officer of PS Dharampur, over telephone and the University Authorities in turn have informed that the same are correct and issued by the University, meaning thereby that the accused-petitioner is a student and has to appear in LL.B 5th semester examination from Campus Law Centre, University of Delhi. 4. In view of what has been said hereinabove, the petitioner-accused is permitted to appear in the examination under proper escort. 5. 4. In view of what has been said hereinabove, the petitioner-accused is permitted to appear in the examination under proper escort. 5. Accordingly, there shall be a direction to the Superintendent of Police, Solan to arrange for appropriate police escort for taking the accused-petitioner to Delhi. The accused-petitioner shall be lodged in Tihar Jail. There shall be a direction to the Superintendent of Tihar Jail to take over the custody of the accused petitioner from the escort of Himachal police and lodge him in Tihar Jail till his examination is over i.e. up to 10.1.2017. Keeping in view that the accused-petitioner has to appear in the examination, the Superintendent of Prisons, Tihar Jail shall provide a special room/cell to him to prepare himself to fare well in his examination. 6. Needless to say that the Superintendent of Tihar Jail shall arrange for suitable police escort which shall take the accused-petitioner to the examination centre and bring him back to jail on all the days when he has to appear in the examination as per the date sheet, Annexure P-2. If need be, there shall also be a direction to the Superintendent (Examination Centre) concerned to arrange for the sitting of the accused-petitioner in a manner so that the police escort may have proper vigil on his activities so that he may not abscond, of course, without affecting the atmosphere of the examination hall and causing any disturbance thereby to other students appearing in the examination. On 10th January, 2017, when the examination is over, the Superintendent, Tihar Jail shall hand over the custody of the accused-petitioner to escort of Solan Police, to be deployed by the Superintendent of Police, Solan for the purpose. The accused-petitioner shall be brought to Solan and again lodged in Sub Jail there. 7. With these observations, the petition is disposed of.