Bhurelal vs State of M.P.

K.K. Verma, J.—They are heard on the bail petition u/s 439 of the Cr. P. C.

There are 9 accused persons. Applicant Bhurelal is one of them.

The case is pending in the Court of Additional Sessions judge, Guna u/s 147, 18, 149/302 I.P.C.

According to the FIR lodged (at the P.S. Kumbhraj) by Bhawarlal S/o Ramkishan, the son-in-law of deceased of Radhakishan,. at the call of accused Dhannalal, deceased Radhakishan went to him. Dhannalal caught hold of the hands of Radhakishan. Then applicant Bhurelal gave a farsee below on the head of Radhakishan and then other accused, Chhitar and Babu gave lathi blows on the hand of Radhakishan. There was fracture on left parietal -occipital bone. Death occurred due to coma after Radhakishan was hospitalized. In view of this State of evidence showing the seriousness of the charge, I dismiss the bail petition.

In passing, I am constrained to make the following observations with a view to seek improvement in certain matters which have come to the notice of this Court in a large number of cases relating to bail matters.

(i) Police case diaries are often not produced even after expiry of reasonable time or even before the date fixed and notified for the hearing. In all such cases, there is not a single word of explanation, let alone expression of regret, by the police agency for late production of police case diaries.

(ii) The case diaries are kept in a slipshod manner with no strong protective cover. Whatever quter cover is there it does not contain, as a rule, the dale of arrest, the date of filing of the chargesheet, the name and designation of the magistrate before whom the charge-sheet has been filed, the date of commitment, the case number as given in the register of the Magistrate, the Sessions trial number, the designation of the Judge, namely the Sessions Judge or the First Additional Sessions Judge, the Special Judge, etc.

(iii) The police officials, the assistant public prosecutors and additional public prosecutors do not prepare any index of the papers or sheets or documents in the case diary. The prosecuting counsel do not note dates of hearing and with the progress of the case at those hearings in most of the case diaries that have come up before me.

(v) The copies of challan papers furnished to the accused persons or those accompanying the case diary are, as a rule, very shabbily prepared and are, in large number of cases, illegible. I fail to understand how the magistrates pass on such copies to the accused persons. Also, I fail to see how the learned counsel accept these copies without protest.

Copies of the observations made at paragraph 5 be sent to the Sessions Judges of Vidisha. Guna, Shivpuri, Gwalior, Datia, Bhind and Morena, to the Government Advocate, Gwalior, and the Inspector General of Police, Gwalior (by name), for information and necessary action in their respective fields.