The necessity for adherence to proper investigative procedures and the requirement for justification when altering criminal charges to ensure the integrity of the judicial process.

JUDGMENT

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 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.

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.