Bail can be cancelled if it is found that the order was obtained by concealing material facts or making misrepresentations to the court regarding the medical condition of a victim in police custody.

ORAL ORDER

10 23-01-2019 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

This petition has been filed for cancellation of bail granted in favour of opposite party no.2 Jitendra Kumar on 08.11.2017 with the case that the Opposite Party No.2 Jitendra Kumar who happens to be Officer-in-charge of the Police Station Jamui had brutally assaulted the deceased Munna Singh along with other accused persons taking him on police remand which proved fatal. He was enlarged on bail by this Court vide order dated 08.11.2017 on the misrepresentation and making wrong submission that the deceased Munna Singh was taken on police remand on 20.06.2013 and finally remanded in the jail custody on 22.06.2013 and at the time of receiving the deceased in the jail, the jail doctor had examined him and found him medically fit which goes to rule out assaulting the deceased by the opposite party no.2.

It is submitted on behalf of the petitioner that the deceased Munna Singh was taken into police custody on 20.06.2013 and at the time of his remand in the police custody, learned Magistrate had directed the Jail Superintendent, Jamui to get the victim examined before handing and receiving back by the jail doctor and file a report in this regard to the court. But no such medical examination report has been filed by Jail Superintendent, Jamui. It is further submitted that immediately after taking back in jail custody on 22.06.2013 jail inmates noticed him brutally assaulted by stripping off his attire and then they made din in the jail. Thereafter, victim was sent to Sadar Hospital, Jamui for medical examination and treatment and from there he was sent to PMCH, Patna and during the course of treatment, he succumbed in PMCH on 01.07.2013 due to injuries inflicted to him in the police custody by opposite party no.2 in association of his colleagues. Citing order dated 22.07.2013 passed by the learned Magistrate Jamui in Jamui P.S. Case No. 95 of 2013, he has further submitted that learned Magistrate taking cognizance of brutally assaulting the victim during the police remand and giving false medical report at the time of taking back in jail custody on 22.06.2013 had issued show cause to Dr. Arun Kumar Singh, Sadar Hospital, Jamui as well as Dr. Syed Naushad Ahmad, In charge Jail doctor, Jamui as to under what circumstances certificate of fitness of the victim was given by him despite been brutally assaulted during police custody and under what circumstances he was taken back in jail custody from the police remand without his medical examination. He has also issued Show cause to the opposite party no.2 Jitendra Kumar as to why the victim Munna Singh was not produced before the court at the time of remanding to jail custody. There is no material on record regarding assaulting the deceased in the jail custody. Aforesaid facts and circumstances eloquently indicate that the victim Munna Singh was brutally assaulted by opposite party no.2 Jitendra Kumar and his associates by taking him on police remand and then he was sent back to jail custody without medically examining by the jail doctor Dr. Syed Naushad Ahmad, Incharge Jail Doctor and opposite party no.2 taking the doctor in collusion obtained false and frivolous certificate regarding fitness of the victim and concealing the aforesaid material aspects of the case and misrepresenting the court has obtained bail order in his favour.

It is submitted by learned counsel for the opposite party no.2 that the victim was taken on police remand for two days i.e. from 20.06.2013 to 22.06.2013. On 22.06.2013, he was sent back to jail and jail doctor after examining him has given certificate of his fitness. Citing the gate register of the jail, Jamui, he has submitted that the victim was sent to police custody on 20.06.2013 along with Sub Inspector Budhdeo Paswan and was later on taken back in jail custody at 12:05 PM on 22.06.2013 by the said S.I. Budhdeo Paswan