Gopal Singh vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with C.R. Case No.196/2019, Police Station Pachpadra (Barmer), for the offences under Sections 147, 447, 302/149, 427, 120-B of IPC.

Heard learned counsel for the petitioner, learned counsel for the complainant and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that looking to the eventuality of disturbance being created on the plot which is the subject matter of dispute between the petitioner and the complainant, the police was informed. When Jagdish was trying to erect the stones slabs on the subject piece of land (subject matter of dispute), the Police party reached there where petitioner as well as Jagdish were present. The Police Authorities anticipating the disturbance in the area arrested petitioner Gopal Singh, his brother Mahendra and deceased Jagdish and the proceedings under Sections 107/151 CrPC were undertaken. All the three persons were arrested and kept in jail. On the same day, Jagdish was taken to the hospital where he was examined and five injuries were found on his body which were found to be simple in nature and caused by blunt weapon. All the three persons including Jagdish remained behind the bars on 05/10/2019.

On the next morning i.e. 06/10/2019, they were produced before the Executive Officer who is the Tehsildar where all of them were released on bail. While Jagdish was present in the Court of Tehsildar, he was not feeling comfortable, therefore, he was taken to the hospital for treatment. While he was being treated in the hospital, he died. The postmortem of Jagdish was conducted and the Medical Board opined as under :-

"After going through the postmortem findings, we the members of Board are in opinion that the cause of death of Jagdish Goliya S/o Banna Ram, Age 47 years, Caste Jat, R/o. Mahaveer Nagar, Barmer is uncertain. However, visceras are preserved and sealed and sent to F.S.L. for histopathological and chemical examination. Hence final opinion will be given after F.S.L. Report".

The complainant preferred a writ petition before this Court for ordering CBI/Judicial Inquiry in the matter. The Hon'ble Division Bench vide its order dated 14/01/2020 finding no fault with the investigation conducted by the police and dismissed the writ petition. On the directions given by the Division Bench of this Court and after receipt of the FSL report of viscera and histopathological report, the matter was again referred to the Medical Board and the Medical Board after examining the reports and the material placed before them submitted its report wherein the cause of death was not changed as earlier submitted by Medical Board vide its earlier opinion dated 06/10/2019.

Per contra, learned public prosecutor supported by learned counsel for the complainant submit that cause of death of deceased Jagdish is the injuries suffered by him which have been inflicted by the petitioners' party. He further submits that all the eight or nine persons including the present petitioner have assaulted the deceased Jagdish who suffered injuries due to which he died.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, I am of the view that the report of Medical Board as well as the postmortem report clearly show the death of Jagdish to be uncertain. Moreover, the injuries suffered by the deceased as noted in the injury report are not so grave as they have been mentioned as simple and said to have been caused by the blunt weapon. Further, when the deceased remained in the police custody on 05/10/2019, he has not complained of anything throughout the night till the time he was produced before the Tehsildar. In these circumstances, I am of the view that the allegation that the injuries sustained by the deceased Jagdish at the hands of the petitioner, which resulted into his death is not convincingly made out and, therefore, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Gopal Singh S/o Lal Singh arrested in connection with C.R. Case No.196/2019, Police Station Pachpadra (Barmer) shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

However, nothing said hereinabove shall be construed as an opinion on the merits of the case.