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1987 Supreme(All) 553
IN THE HIGH COURT OF ALLAHABAD
S. I. Jafri
RAVINDRA PRATAP SHAHI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Cr. Misc. Bail application 12055 Of 1987
Decided On : 12/08/1987
The main legal point established in the judgment is the significance of timely and thorough recording of statements in criminal cases, and how the lack thereof can raise doubts about the correctness of the prosecution case.
Headnote:
Bail - Criminal Law - IPC 147, 148, 149, 302, 379, 427 - The court discussed the infirmities in the prosecution case, particularly the inordinate and unexplained delay in recording the statements of the complainant and witnesses, and granted bail to the applicant.
Fact of the Case:
The applicant, Ravindra Pratap Shahi, was involved in a case under sections 147, 148, 149, 302, 379, and 427 of the Indian Penal Code (IPC) for his alleged involvement in an occurrence resulting in the death of four individuals during an election.
Finding of the Court:
The court found glaring infirmities in the prosecution case, particularly the inordinate and unexplained delay in recording the statements of the complainant and witnesses, which raised suspicion regarding the correctness of the prosecution case.
Issues: The issues revolved around the delay in recording statements of the complainant and witnesses, and the sufficiency of evidence in the prosecution case.
Ratio Decidendi: The court's decision to grant bail was influenced by the glaring infirmities in the prosecution case, particularly the delay in recording statements, which raised doubts about the correctness of the prosecution case.
Final Decision: The court allowed the petition and ordered the release of the applicant on bail upon furnishing a personal bond and sureties to the satisfaction of the Chief Judicial Magistrate.
( 1 ) THIS is an application for bail preferred on behalf of Ravindra Pratap Shahi applicant involved in case Crime No. 53 of 1987 under sections 147, 148, 149, 302, 379 and 427 I. P. C. police station Kothi Bhar, District Gorakhpur.
( 2 ) THE occurrence in the instant case is alleged to have taken place at 2. 45 P. M. on 15th June 1987 at the fag end of the election of delegates to Sahkari Ganna Samiti, Sisua Bazar in village Bariarpur within the jurisdiction of police Station Kothi Bhar. In the above occurrence, the First Information is Virendra Pandey son of Bhagwat Pandey one of the four deceased, who lodged a report of the occurrence at 5. 45 P. M. at Police Station Kothi Bhar, wherein 19 persons were nominated by him as accused alongwith some other unknown persons. Out of the aforesaid accused persons nominated by him in the First Information Report, Ravindra Shahi applicant was alleged to be armed with a gun and the remaining accused persons were said to be possessed of Farsas, Gadansas and Lathies. In the First Information Report, it was alleged by the complainant Virendra Pandey that accused persons formed an unlawful assembly and committed rioting during the course of occurrence as a result of which four persons, namely, Bhagwat Pandey, Ram Ugra, Sahodar Pandey and Subhash Pandey lost their lives at the hands of the accused. Bhagwat Pandey and Ram Ugra deceased had sustained incised and lacerated wounds whereas Subhash Pandey and Sahodar had received incised and gun-shot injuries. As stated above, out of the aforesaid accused persons Ravindra Shahi was alleged to be armed with gun and the remaining accused persons were possessed of Farsas, Gadansas and Lathies who sweeped upon the aforesaid deceased persons and caused their death by inflicting gun-shot injuries and Farsas Gadansas and Lathies blows on the deceased and all the four deceased had succumbed to their injuries on the spot. Thereafter assailants had escaped from the place of occurrence.
( 3 ) AFTER the occurrence, a report of the incident was lodged by Virendra Pandey at 5. 45 P. M. at the Police Station Kothi Bhar which lies at a distance of 8 Kms. from the village where the occurrence had taken place and consequently a case under sections 147/148/149/, 302/379/427 I. P. C. was registered against the aforesaid 19 persons and some other un known persons at the police station.
( 4 ) STATION Officer Puran Yadav of Police Station Kothi Bhar was not present at the police station at the time of registration of the case. However, on being informed that some firing had taken place during the course of election at village Bariarpur, he rushed to the scene of occurrence alongwith police constables and also with a Sector Magistrate and arrived at the place of occurrence at about 4. 45 P. M. The Sub-Inspector found the dead bodies of the four deceased persons lying on the spot under the care of Head Constables Shish Kumar Tiwari, Constables Kamla Yadav. Bindeshwari Singh and Chwokidar Mithailal and Chhedilal who were deputed on election duty there from before the occurrence.
( 5 ) I have heard the learned counsel for the applicant Sri J. S. Sengar and also the learned counsel for the complainant Sri V. C. Tewari. I have also heard Sri Shivaji Mishra learned counsel for the State at a considerable length. I have gone through the case diary of the case.
( 6 ) CERTAIN observations are necessitated for the disposal of the present application for bail which prima facie are too obvious and which would have a bearing on the merits of the trial.
( 7 ) IN the First Information Report, the presence of Mahant Shankar Saran, Ramanuj Das, Ram Kishore, Ram Prakash Yadav, Ram Kanwal, Ismail Mian and Chhedi Lal was mentioned at the place of occurrence. The Police constables present on duty in the election were also said to have interceded during the course of assault on the deceased.
( 8 ) IT was vehemently argued by the learned counsel for the applicant that there ha
