Patna High Court
Case Details
Patna High Court Cr.Misc. No.44285 of 2013 (3) dt.29-10-2013 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44285 of 2013 ====================================================== 1. Parwaiz Ali @ Md. Parwaiz Ali Son Of Late S.M. Ali Resident Of Sector- 1, Road No. 4 Haroon Colony, P.S. Phulwarisharif, Town And District- Patna 1. The State Of Bihar Versus .... .... Petitioner/s .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeet Kumar For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 3 29-10-2013 Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 149, 323 and 307 of the Indian Penal Code, to which Section 302 of the Indian Penal Code has been subsequently added. The petitioner is the Assistant Sub-Inspector of Police in Bihar Police. It seems that Kotwali Police Station Case No. 503 of 2003 was registered on 08.11.2003 on the basis of written report of one Sidheshwar Kumar Dubey, the then Sub-Inspector of Special Task Force, to the effect that two persons, namely, Md. Irfan and Satish Kumar were arrested on 07.11.2003 at 6 PM as they were involved in kidnapping and realizing ransom. When they were arrested, a call from the victim Amit Kumar on the mobile of Md. Irfan on
Legal Reasoning
Patna High Court Cr.Misc. No.44285 of 2013 (3) dt.29-10-2013 the basis of which the Special Task Force Team could gather that the said Amit and others were planning to kidnap the Director of Sachdeva Coaching Institute. On such basis, in order to apprehend Amit Kumar, the Special Task Force Team went at the place as made out on the basis of phone call in course of an attempt to arrest Amit, Amit tried to flee away, but he could not and he collided with a traffic divider and the crowd chased him and assaulted him, suspecting him to be a thief. The Police Party took Amit Kumar to the P.M.C.H. , from where the family members took him to another private hospital, where he died on 08.11.2003. Accordingly, the said case was registered against 3-40 unknown persons. This is to be noted that with respect to arrest of Md. Irfan and Satish Kumar, Kotwali Police Station Case No. 502 of 2003 was already registered, which contained inter alia, the fact that Amit and associates were planning to kidnap the Director of Sachdeva Coaching Institute. In Kotwali Police Station Case No. 502 of 2003, charge sheet has already been submitted in the year 2004. The records would show that the brother of the victim Amit filed a complaint case making accusation that the victim was assaulted by ARshad Jama, the Deputy Superintendent of Police and his Bodyguards during interrogation, however, proceedings of the said complaint case was ordered to be stayed in view of the fact that for the Patna High Court Cr.Misc. No.44285 of 2013 (3) dt.29-10-2013 same occurrence, Kotwali Police Station Case No. 503 of 2003 was still pending investigation. The said order was challenged before this Court by way of filing a quashing application, which was dismissed vide order dated 16.05.2006 passed by this Court. It further appears that on the intervention of the National Human Right Commission, the said Kotwali Police Station Case No. 503 of 2003 has been transferred to the C.I.D., which took over investigation in August, 208, since when the investigation is pending. In course of investigation by the C.I.D., the conduct of police Officials involved in the raid has come to light and thus certain Police Officials have been made accused including this petitioner. It has been contended on behalf of the petitioner primarily with reference to the documents annexed with the application that though he was a member of the team which had arrested Md. Irfan and Satish Kumar, he was not party to arrest of the victim Amit and no role can be attributed to him in killing of Amit. Learned Counsel has further placed reliance upon Annexure-5, which is an order passed by this Court on 13.09.2013 on anticipatory bail applications preferred by other co-accused persons including the informant of Kotwali Police Station Case No. 503 of 2003 and Arshad Jama, the Deputy Superintendent of Police against whom the brother of the victim had made allegation that he had assaulted Amit at the time of interrogation. This Court Patna High Court Cr.Misc. No.44285 of 2013 (3) dt.29-10-2013 considering the facts of the case in detail made the following observations and granted the petitioners of those cases
Legal Reasoning
anticipatory bail in following terms. “Considering the rival contentions of the parties, lodging of both the cases on 07.11.2003 being Kotwali P.S. Case No. 502 of 2003 and 503 of 2003 at 7.)) and 7.10 P.M. when admittedly both the incidents i.e. the arrest of Md. Irfan and Satish Kumar as well as the attempt to apprehend victim Amit when he received injuries were of 07.11.2003 around 6.00 P.M. create doubt about the conduct of the raiding team but keeping in view the unexplained delayed in filing the complaint case by the brother of the deceased which does not stipulate the motive as alleged by the victim’s family before the CID with regard to the love affair of the victim with Sofia, the daughter of the police personnel, the admitted position that the petitioners are not named in the First Information Report, complaint case could not proceed under judicial orders, the investigation is still pending, the name of petitioners surfaced after several years of institution of the case when the investigation was taken over by the CID and the family members not being eye witnesses, let the above named petitioners be released on anticipatory bail till the conclusion of the investigation in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. Patna High Court Cr.Misc. No.44285 of 2013 (3) dt.29-10-2013 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 503 of 2003, subject to the conditions laid down under Section 438(2) of the Cr.P.C.” In view of the above, let the above named petitioner be released on anticipatory bail till the conclusion of investigation in the event of his arrest or surrender before the Court below within a period of six weeks from today in connection with Kotwali Police Station Case No. 503 of 2003 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J) Prabhakar Anand/-