Ram Swaroop Vs. State of Rajasthan

Ram Swaroop vs State of Rajasthan

Disposition Application allowed Court Rajasthan Decided May 21, 1988

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Citation: sooperkanoon.com/762774
Court: Rajasthan High Court
Judge: Vinod Shanker Dave, J.
Decided On: May 21, 1988
Case Number: S.B. Cr. Misc. Bail Application No. 1176 of 1988
Subject: Criminal
Disposition: Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code - Section 439--Bail--Police jeep killed a boy--SHO ran away--Injured not taken to hospital by police--Crowd turned violent--Specific overt act cannot be attributed to any one--Held, accused be released on bail.;Bail Granted - - Placed in that situation an angry crowd of the whole town rushe...

Key legal issue: Criminal
Outcome / disposition: Application allowed

Parties & Advocates

Appellant / Petitioner

Ram Swaroop

Respondent

State of Rajasthan

Legal References

Reported In: 1988WLN(UC)163

Excerpt

criminal procedure code - section 439--bail--police jeep killed a boy--sho ran away--injured not taken to hospital by police--crowd turned violent--specific overt act cannot be attributed to any one--held, accused be released on bail.;bail granted - - placed in that situation an angry crowd of the whole town rushed to the police station, may be udder the command of the pradhan, they had gone for a protest against the conduct of a responsible police officer who has failed to act in a manner required by him and if somebody from the crowd turned violent unless specific over act is attributed, each cannot be made liable. the mood and temper of the people can well be imagined. 2,000/- (rupees two thousand) with one surety in the like amount to his satisfaction on the following conditions: 3. copy of this order shall be sent to the inspector general of police (crimes) with a letter of request that in a case like the one the investigation of the cases should be done by an independent body not connected with either of the two police stations involved......in a manner required by him and if somebody from the crowd turned violent unless specific over act is attributed, each cannot be made liable. that was a natural re-action of the people particularly in the case where a senior police officer of the rank of s.h.o. of a police station runs away from the scene of the commission of crime and have no respect even for an injured, who ultimately succumbed to the injuries. the mood and temper of the people can well be imagined. in fact it is fir no. 35/ 88 of the police station mandawar which requires a serious investigation into the conduct of the sho mahua by an independent officer of the crime branch of the cid rather than trying to apprehend one and all in fir no. 36/88.2. the sho/ao/io, police station, mandawar in fir no. 36/88, is, therefore, directed that in the event of arrest of petitioner ram swaroop he shall be released on bail provided he furnishes a personal bond in the sum of rs. 2,000/- (rupees two thousand) with one surety in the like amount to his satisfaction on the following conditions:(a) that the petitioner shall make himself available for interrogation by a police officer as and when required;(b) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or any police officer; and(c) that the petitioner shall not leave india without the previous permission of the court.3. copy of this order shall be sent to the inspector general of police (crimes) with a letter of request that in a case like the one the investigation of the cases should be done by an independent body not connected with either of the two police stations involved.

Full Judgment

V.S. Dave, J.

1. In this case the back ground is that a jeep bearing registration No. RSB 3508 belonging to the police department killed a boy on the spot while it was being driven rashly or negligently. Besides the driver Sumer Singh in the jeep, S.H.O. Police Station Mahua was also occupying the same. People tried to stop them but in vain. They did not have even the courtsey to take the injured to hospital though he was a Police Officer and Incharge of a police station. Placed in that situation an angry crowd of the whole town rushed to the Police Station, may be udder the command of the Pradhan, they had gone for a protest against the conduct of a responsible Police Officer who has failed to act in a manner required by him and if somebody from the crowd turned violent unless specific over act is attributed, each cannot be made liable. That was a natural re-action of the people particularly in the case where a senior Police Officer of the rank of S.H.O. of a Police Station runs away from the scene of the commission of crime and have no respect even for an injured, who ultimately succumbed to the injuries. The mood and temper of the people can well be imagined. In fact it is FIR No. 35/ 88 of the Police Station Mandawar which requires a serious investigation into the conduct of the SHO Mahua by an independent officer of the crime Branch of the CID rather than trying to apprehend one and all in FIR No. 36/88.

2. The SHO/AO/IO, Police Station, Mandawar in FIR No. 36/88, is, therefore, directed that in the event of arrest of petitioner Ram Swaroop he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 2,000/- (Rupees two thousand) with one surety in the like amount to his satisfaction on the following conditions:

(a) that the petitioner shall make himself available for interrogation by a Police Officer as and when required;

(b) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or any Police Officer; and

3. Copy of this order shall be sent to the Inspector General of Police (Crimes) with a letter of request that in a case like the one the investigation of the cases should be done by an independent body not connected with either of the two Police Stations involved.

Same Court & Year Rajasthan · 1988 Same Parties Ram Swaroop vs State of Rajasthan Same Subject Criminal Same Judge Vinod Shanker Dave, J.

Criminal