Satpal @ Dinu vs State Of H.P

Anoop Chitkara, J

The petitioner, incarcerating upon his arrest for allegedly committing murder, has come up before this Court under Section 439 of CrPC, seeking

bail.

Earlier, the petitioner had filed the following bail petitions:

(a) Bail Application No.77-S/22 of 2020 before Sessions Judge, Solan, District Solan, H.P., decided on 28.11.2020.

In Para 8 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the

accused.

Briefly, the allegations against the petitioner are that on 7.8.2020, Medical Officer, Community Health Centre, Chandi made a phone-call to Police

Post, Kuthar under Police Station, Kasauli, District Solan, H.P., that an injured person has been brought to the Health Centre in 108 Ambulance and

the said person is unconscious and is being referred to Solan Hospital, from where he was further referred to IGMC, Shimla. Upon that, the Police

made Daily Diary Entry and proceeded towards Chandi. After that, on reaching Chandi, the Investigator found Naresh who was injured and was in

unconscious condition. Doctor opined that Naresh Kumar had received injuries with a sharp edged weapon. Het Ram, father of Naresh Kumar and

his nephew Kuldeep were present in the Hospital. On inquiry, they revealed that on 7. 8.2020, at around 12:00 noon, Naresh was beaten by his real

brother Satpal and wife of Satpal. Upon that, the Police registered FIR under sections 323, 324 read with Section 34 of the Indian Penal Code. The

Police also recovered two wooden sticks, from the sharp ended sides of which the injuries were inflicted. On 28.8.2020, Naresh was referred from

IGMC, Shimla to Regional Hospital, Solan for nursing care, where he passed away. Per postmortem opinion, the cause of death was cardio

respiratory arrest due to brain injury. After this, the Police added Section 302 of IPC in the FIR.

Ld. Counsel for the petitioner contends that without conceding and admitting, the occurrence took place due to sudden quarrel, without any

premotivation, and the deceased received just one injury. The incarceration before the proof of guilt would cause grave injustice to the petitioner and

family.

On the contrary, the State contends that the Police have collected sufficient evidence against the bail petitioner and the co-accused. Another

argument on behalf of the State is that the crime is heinous, the accused is a risk to law-abiding people, and bail might send a wrong message to

society.

REASONING:

To answer the arguments made on behalf of the petitioner, this Court needs to read the post mortem report, which is not annexed with the petition.

Furthermore, statements of witnesses also need an analysis. A reference to the status report reveals that the Officer-in-charge of the Police Station

has already forwarded the police report under section 173 (2) CrPC to the concerned Court. Had the accused not received the documents in

compliance with S. 207 CrPC, this Court would have certainly asked the respondent to produce the same. However, the petitioner does not claim the

non-receipt of the challan. The accused receives copies of the Police report and the copies of the statements of witnesses free of cost. Thus, if the

accused wants the Court to refer any documents already supplied, it is for the petitioner to place it along with the bail petition.

Counsel for the petitioner has also made several other arguments. Still, given that this Court is not inclined to grant bail, on the reasons mentioned

above, discussion of the same will be an exercise in futility. Any detailed analysis of the evidence may prejudice the case of the prosecution or the

accused.

Given above, in the facts and circumstances peculiar to this case, at this stage, the petitioner fails to make out a case for bail. The petition is

dismissed with liberty to file a new bail application.

Any observation made hereinabove is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these comments.

The petition is dismissed.