Dismissed

Raman Khachi v. State of Hp

Himachal Pradesh HC1 Jul 2021CRMPM/1142/2021

Case brief

AI extract

What is this about?

Petitioner sought bail for murder charges without annexing the police report under Section 173(2) CrPC. The High Court held the petition cannot be decided on merits due to lack of evidence copies and dismissed it, permitting a fresh petition with proper annexures.

What did the court decide?

Petition dismissed; liberty granted to file a new petition on the same cause of action or different grounds by annexing a copy of the police report.

Raman Khachi Vs State of Hp — Murder and Culpable Homicide | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MP(M) No. 1142 of 2021

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Reserved on:25-06-2021

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Date of Decision: 01-07-2021

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Raman Khachi

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...Petitioner. Versus State of H.P. ...Respondent.

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Coram:

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The Hon’ble Mr. Justice Anoop Chitkara, Judge.

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Whether approved for reporting?¹ NO

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For the petitioner: Mr. Manoj Pathak, Advocate.

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For the respondent: Mr. Ram Lal Thakur, Assistant Advocate General and Mr. Rajat Chauhan, Law Officer for the State.

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THROUGH VIDEO CONFERENCE

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FIR No.	Dated	Police Station	Sections
234 of	27.12.2020	Theog, District Shimla, H.P.	302, 341, 323, 34 of
2020			IPC and 27-54-59 of
			Arms Act.

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Anoop Chitkara, Judge

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The petitioner, incarcerating upon his arrest has come up before this Court under Section 439 CrPC, for committing murder of a 52 years old man, has come up before this Court under Section 439 of CrPC, seeking bail.

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2. Earlier, the petitioner had filed the following bail petition before this Court:

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(a) Cr.MP(M) No.186 of 2021, decided on 4.2.2021.

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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3. The bail petition is silent about criminal history, however, Mr. Manoj Pathak, Ld. Counsel for the bail petitioner states on instructions that the petitioner has no criminal past relating to the offences prescribing sentence of seven years and more, or when on conviction, the sentence imposed was more than three years. The status report also does not mention any criminal past of the accused.

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4. Briefly, the allegations against the petitioner are that on 27.12.2020, the Police officials registered the statement of complainant, Smt. Geeta Sharma, under Section 154 of the Code of Criminal Procedure. She stated that they were constructing their house. In the neighbourhood situates the house of one Rajesh Khachi. On 27.12.2020 at 3:00 p.m., when her son was going to the shop to bring windows, then Rajesh Khachi and his sons caught hold of him and started beating him with sticks and rods etc. On noticing that they are beating their son, she alongwith her husband ran there and intervened. Those persons even gave beatings to them. In between, Rajesh Khachi started beating her husband with some sharp edged weapon. On receiving injuries, her husband became unconscious and he was taken to IGMC, Shimla, where he died. Based on these allegations, the Police registered the FIR mentioned above.

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5. Ld. Counsel for the petitioner contends that the incarceration before the proof of guilt would cause grave injustice to the petitioner and family.

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6. On the contrary, the State contends that the Police have collected sufficient evidence against the bail petitioner and the co-accused. Another argument on behalf of the State is that the crime is heinous, the accused is a risk to law-abiding people, and bail might send a wrong message to society.

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REASONING :

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7. A reference to Para 9 of the bail petition as well as to the status report reveals that the accused has already received the copy of the police report under section 173 (2) CrPC to the concerned Court. Had the accused not received the documents in compliance with S. 207 CrPC, this Court would have certainly asked the respondent to produce the same.

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8. The allegations in the case are serious and offence heinous. To decide the bail petition on merits would require this Court to peruse the evidence collected by the prosecution. The petitioner neither annexed the copy of the police report filed under Section 173(2) CrPC nor does he say that the Trial Court did not supply the same to

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him under S. 207 CrPC. Even there is no ground pleaded or explanation offered that constrained the petitioner from filing it with the petition. Thus, the Court cannot decide the bail petition.

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9. Given above, in the facts and circumstances peculiar to this case, the petition is dismissed. However, the petitioner shall be at liberty to file a new petition on the same cause of action or different grounds by annexing a copy of the police report, etc.

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Anoop Chitkara, Judge.

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July 1, 2021 (ks)

Raman Khachi v. State of Hp

Case brief

What is this about?

What did the court decide?

Raman Khachi v. State of Hp

Case brief

What is this about?

What did the court decide?

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