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2023 Supreme(HP) 293
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J.
Harish Singh - Petitioner.
Versus
State of Himachal Pradesh - Respondent
Cr.MP(M) No. 1148 of 2023
Decided On : 29-05-2023
For the Petitioner:Mr. Vivek Singh Attri, Mr. Abhinav Purohit & Mr. Ankit Kaloti, Advocates.
For the Respondent:Mr. Raj Kumar Negi, Additional Advocate General.
Point of Law: Mere accusation cannot be taken to be sole criteria to deny right of liberty of accused.
Headnote:
Indian Penal Code, 1860 - Section 302 – Criminal Procedure Code, 1973 - Section 154 – Murder offence - Grant of bail - Petitioner is in custody - Investigation is complete and challan stands filed in Court - There is nothing against him that in event of being released on bail, he will not be available for trial or he will be in a position to affect trial adversely - Para 13.
Finding of the Court :
Investigation is complete and prosecution is placing reliance on material collected by Investigating Agency - On strength of such material, it is alleged that there is prima-facie material to connect petitioner with alleged offence - Petitioner was time and again insisting upon him to be ready to take clients back - Petitioner is stated to have given fist blows to deceased - Medical record does not suggest that injury suffered by deceased was so grievous that in ordinary course would have caused death - Even, there is no definitive opinion as to cause of death of deceased - It is presumed and hypothetical in nature - However, there is also no definitive material on record to suggest that whatever was done by petitioner was a premeditated action - No criminal antecedents have been attributed to the petitioner - Petitioner is ordered to be released on bail
Result: Petition allowed.
JUDGMENT :
Satyen Vaidya, J.
Petitioner is accused in case registered vide FIR No. 116/2022, dated 28.09.2022, registered under Section 302 IPC, at Police Station, Keylong, District Lahaul & Spiti.
2. Petitioner is in custody since 28.9.2022. Investigation is complete and challan stands filed in the Court. The case has been registered on the statement of one Shri Meshu Mehta, under Section 154 Cr.P.C., who had stated that he was working as Manager in Hotel ‘Plum Dhara’ at Sissu. On 24th of September, 2022, four officials of ISRO had visited his hotel for stay. They were accompanied by two drivers, namely, Harish Singh and Raja Bhatt. Both the drivers were made to stay in Room No. 106 of hotel Plum Dhara. Since 24th of September, 2022, both the drivers were indulging in consuming liquor. They were arguing and fighting with each other. On 27th of September, 2022, at about 1:15 P.M., he alongwith his staff and one of the members of ISRO group were sitting besides the parking out side hotel. It was noticed that Raja Bhatt was lying in his vehicle No. UK-017-TB-3921 and he was intoxicated. Harish Singh (petitioner) was also intoxicated and was inflicting blows with fist on Raja Bhatt. Vaibhav Garg, the members of the ISRO, was asked to video record the incident, which was done. It was noticed thereafter that blood was oozing out just above the left eye of Raja Bhatt. He was immediately taken to Primary Health Center near to the hotel. Petitioner also accompanied the injured Raja Bhatt to the PHC. After sometime, they all came back after Raja Bhatt was given first aid. It was noticed by the complainant that there was a bandage on the head of Raja Bhatt. He was allowed to have rest in room No. 106. After about ½ hour, petitioner came in the parking and drove his vehicle towards Kullu. One of the staff members of the hotel followed the petitioner on motor cycle and he was brought back to the hotel. Key of the vehicle was taken from the petitioner and petitioner went to his room. Again after about one hour, petitioner came down and asked for the key of the vehicle. On refusal, petitioner started walking towards Sissu and after sometime, came back with a bottle of liquor in his hand. He went to his room and at about 6:15 P.M., petitioner came to the complainant and told him that Raja Bhatt was not able to breath. One Pharmacist, named Parvesh, was called on telephone. Raja Bhatt was again taken to Primary Health Center. In the meanwhile, the owner of the hotel informed Police Post, Koksar regarding the incident. Raja Bhatt was referred to Regional Hospital, Keylong. Later, the complainant was informed that the doctor at Regional Hospital, Keylong had declared Raja Bhatt as dead.
3. On investigation, the Investigating Agency is stated to have found sufficient material to submit report under Section 173 Cr.P.C. recommending trial of the petitioner under Section 302 IPC.
4. The initial/preliminary medical opinion on the cause of death of deceased is as under:
“In our provisional opinion, the cause of death in this case is Asphyxia secondary to aspiration of gastric contents. However, the final opinion is reserved and will be issued after the receipt of reports from RFSL/SFSL.”
5. The postmortem was conducted on the body of the deceased and the observations of Autopsy Surgeon were as under:
“scalp-On reflection of scalp, subgaleal hematoma of size 3cmx2cm present over the left frontal region and of size 4cmx3cm present over the parietal region, along the midline and 8.4 cm from the external occipital region. Multiple petechial haemorrhages present over the scalp. No fracture of skull or available vertebrae present. Brain: congested and grossly oedematous. Subarachnoid hemorrhage present over an area of 2.5cmx1.6cm over the left frontal region. Subarchnoid hemorrhage present over an area of 5.5 cmx4cm over the parietal region, along the midline. No intraventricular bleed present.”
6. The status report further reveals that the Investigating Agency ha
