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TMI Blog2016 (11) TMI 1729X X X X Extracts X X X X X X X X Extracts X X X X ..... issued against Sk. Saddique who is the grand-son of informant Sk. Goffar. The petitioner and other police personnel after breaking open the front gate and the iron grill gate in the backside, entered into the house and abused Sk. Saddique and his brother in obscene languages. The police had gone illegally to execute the warrant of arrest issued for minor offences in dead of the night. The petitioner and other police personnel poured kerosene on the body of Sk. Saddique, his brother Sk. Sabir and set them on fire. They also allegedly assaulted them by lathi and thereafter they took both of them in a police jeep to the local hospital, where they were referred to the S.C.B. Medical College & Hospital, Cuttack. During such raid, the police removed a cash of Rs. 20,000/-, a gold necklace, mobile telephone and wrist watch from the house of the informant. On the next day while the said Sk. Saddique and Sk. Sahid were undergoing treatment they succumbed to the burn injuries. Although the death occurred on 25.11.2012, the informant has lodged the F.I.R. on 26.11.2012 at 9 AM in Balasore Town Police station. Few days thereafter the C.I.D. Crime Branch took up the investigation of the case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Mr. Pal further submitted that no offence under section 304 Part-II of the Indian Penal Code has been made out against the petitioner when the deceased persons have committed suicide in order to avoid their arrest by the police and the petitioner had gone to execute the warrant as per the provisions of law. He further submitted that the Investigating Officer has not considered the evidence of outsiders and being biased by the evidence of the inmates of the house have falsely implicated the present petitioner only, whereas left out other police Officers and police constables who had accompanied the petitioner to the place of occurrence and participated in the raid made to the house of the informant. He further submitted that there are 14 cases pending against the deceased persons and same cases have been filed on different occasions when the present petitioner was not in-charge of Balasore Town Police Station and the informant, the relatives of the deceased persons, being vindictive against the police personnel has filed false case, whereas the deceased persons are responsible for the commission of suicide by them. So, he submitted that since prima facie case is not made out again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by policemen, when they are themselves accused of offences, is not an unknown phenomenon and the judicial process will carry credibility with the community only if it views impartially and with commonsense the pros and cons, undeterred by the psychic pressure of police presence as indictees" 10. With due respect to the said decision it is made clear that in an application for bail, the Court should avoid elaborate documentation on merits and particularly in case of bail for an accused Police Officer, impartiality must be maintained because a gesture of justice to Courts of justice is the least that a Government owes to the governed. So, the materials on record have to be scrutinized impartially to find out if at all the petitioner is entitled to bail. 11. In the case of Neeru Yadav v. State of U.P. and another, reported in 2014(14) SCALE 59, referring to the case of Prahlad Singh Bhati v. NCT, Delhi & another, (2001) 4 SCC 280, the Hon'ble Supreme Court have observed in paragraphs 10 and 11 as follows:- 10. xx xx xx "(a) While granting bail the court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into the house of the deceased persons. The petitioner and other police staff poured kerosene from a jerrycan upon the deceased persons and set them on fire and when they have got 95% burn injury, the petitioner and the police staff took them to the hospital, but the deceased persons succumbed to the burn injuries. 13. At the same time it appears from the statement of one Jitendra Swain, who is an employee of Mini India Company that he was also arrested on the allegation of wife of deceased Sk. Sabir in the same occurrence night. It is further revealed from his statement that after arresting him he was allowed to sit in the jeep and then they came to the house of the deceased persons to execute the warrant. He stated that he saw the deceased Sk. Sabir abused the police people in obscene languages and then Sk. Sabir poured kerosene from a jerrycan on his person and on his brother and then set them on fire. The police Officers including the petitioner after breaking open the grill went inside and brought them to the police jeep and took them to the hospital. 14. The statements of Sk. Nausad, Sk. Sattar, Sultana Bibi who are neighbourers and the police officials who are not arrayed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner. Whether self-immolation is within the knowledge of the present petitioner or not can be decided at the time of trial. It is too early to opine on the merit of the case, but as per discussions made above and the opinion of the Investigating Officer, it is the considered opinion of this Court that prima facie case against the petitioner for the purpose of granting bail is yet to be formulated. Since charge sheet has been submitted and the petitioner being a local person has no chance of his absconding or tampering with the prosecution witnesses as submitted by learned counsel for the petitioner, it is a fit case where bail should be granted. It is needless to say that the Court has to take independent view being not persuaded by the fact that the petitioner is a Police Officer by relying upon the above decision of Niranjan Singh (Supra) decided by the Hon'ble Apex Court. 17. Considering the submissions of the learned counsel for the respective parties, regard being had to the facts and circumstances of the case as discussed above including the nature of allegation and punishment prescribed for the alleged offence, let the petitioner be released on bail on furnishing b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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