Rajasthan High Court - Jodhpur
Maya Devi vs State Of Rajasthan on 16 July, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7386/2021
1. Maya Devi W/o Shri Jagdish, Aged About 46 Years, R/o
Lalanabas, Nathwaniya, Tehsil Nohar District
Hanumangarh. (At Present Lodged In Jail)
2. Ms. Kiran D/o Shri Jagdish, Aged About 22 Years, R/o
Lalanabas, Nathwaniya, Tehsil Nohar District
Hanumangarh. (At Present Lodged In Jail)
3. Sunil S/o Shri Jagdish, Aged About 20 Years, R/o
Lalanabas, Nathwaniya, Tehsil Nohar District
Hanumangarh. (At Present Lodged In Jail)
----Petitioners
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. Ramesh Kumar Bohara
For Respondent(s) : Mr. Anil Joshi, PP
Mr. D.S. Gharsana & Mr. Suresh Nehra
for complainant
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
16/07/2021
1. Learned counsel for the petitioners submits that the charge-
sheet has been filed under Section 306, 320 & 34 IPC.
2. Learned counsel appearing for the complainant points out
that the FIR was registered under Section 302 IPC and after the
post-mortem report, there is no opinion that the deceased died by
drowning. The post-mortem report also does not reflect that the
person would have died on account of drowning.
3. It is further submitted that the Investigating Officer has
wrongfully and without giving any reasons converted the case
(2 of 3) [CRLMB-7386/2021]
from Section 302 IPC to 306 IPC with a view to help the accused
in spite of the fact that bloodstain clothes were found near the
well and when the body was recovered there was blood oozing out
of the ears. Thus, it is a clear case of murder and not that of
suicide.
4. Learned Public Prosecutor also submits that if a case has
been registered under Section 302 IPC and the Investigating
Officer finds that after investigation the case is to be registered
under the other sections then he must take an opinion from the
Director (Prosecution) or any of his subordinate.
5. I have considered the submissions. Although, this is a bail
application and in normal course while examining a bail application
this Court would not look into the method and manner in which
the charge-sheet has been filed ordinarily but in the peculiar
circumstances in this case as pointed out by learned counsel for
the complainant and the documents which have come on record
by way of the charge-sheet papers this Court cannot ignore the
apparent deficiency in investigation.
6. The charge-sheet does not reflect that the Investigating
Officer has taken any opinion from the Public Prosecutor or any
officer of the Director (Prosecution). No reasons are assigned for
converting the case from Section 302 IPC to 306 IPC.
7. From the post-mortem report, it is apparent that the death
has not been caused due to drowning and if the Investigating
Officer has reached to the conclusion that the deceased was
beaten, he could not have converted into a case of suicide or
abetment to commit suicide. Such a course adopted by the
Investigating Officer therefore requires to be examined seriously.
(3 of 3) [CRLMB-7386/2021]
8. Let the matter be placed before the I.G. (Crime) for
examining the entire investigation afresh and submit his report
before this Court. He shall also examine the role of the concerned
Investigating Officer and if he finds that the Investigating Officer
has deliberately tried to save the concerned accused, a
departmental action including suspension and departmental
inquiry be also initiated against him.
9. The report in this regard shall be submitted to this Court
positively within a period of two months.
10. On the merits of the case after examining the challan papers
and the statements which have come on record and the medical
report, I am not inclined to grant bail to the petitioners.
11. The bail application is accordingly dismissed.
12. This case shall only be kept pending for the purpose of
submitting report of I.G. Range Bikaner.
13. List this case again on 17.09.2021 for the aforesaid purpose.
14. A copy of this order be sent to the I.G. Range, Bikaner for
compliance of the order.
(SANJEEV PRAKASH SHARMA),J
24-1/-saurabh
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