TAREQUE AHEMAD Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under section 439 of Code of Criminal Procedure, 1973 filed by the petitioner for grant of bail in connection with C.T. Case No. 2673 of 2012 arising out of Balasore Town P.S. Case No. 430 of 2012 and CID CB P.S. Case No.68 of 2012 pending in the court of learned Sub-Divisional Judicial Magistrate, Balasore for the alleged offence punishable under section 304 Part-II of the Indian Penal Code.

(2.) The factual matrix leading to the prosecution case is that informant Sk. Goffar has three sons. It is alleged inter alia that on 24/25.11.2012 at about 3.00 A.M. the present petitioner being the Inspector-in-Charge of Balasore Town Police Station went with 15 police personnel to the house of Sk. Goffar to execute the warrant of arrest issued against Sk. Saddique who is the grand-son of informant Sk. Goffar. The petitioner and other police personnel after breaking open the front gate and the iron grill gate in the backside, entered into the house and abused Sk. Saddique and his brother in obscene languages. The police had gone illegally to execute the warrant of arrest issued for minor offences in dead of the night. The petitioner and other police personnel poured kerosene on the body of Sk. Saddique, his brother Sk. Sabir and set them on fire. They also allegedly assaulted them by lathi and thereafter they took both of them in a police jeep to the local hospital, where they were referred to the S.C.B. Medical College and Hospital, Cuttack. During such raid, the police removed a cash of Rs. 20,000.00, a gold necklace, mobile telephone and wrist watch from the house of the informant. On the next day while the said Sk. Saddique and Sk. Sahid were undergoing treatment they succumbed to the burn injuries. Although the death occurred on 25.11.2012, the informant has lodged the F.I.R. on 26.11.2012 at 9 AM in Balasore Town Police station. Few days thereafter the C.I.D. Crime Branch took up the investigation of the case.

(3.) During investigation it was revealed that P.S. Case No.429 of 2012 had been registered against the deceased persons Sk. Sabir and Sk. Saddique for the offences under sections 307/294/309/506/353 I.P.C. and the present case was registered vide P.S. Case No.430 of 2012 under sections 458/323/341/307/326/380/34 I.P.C. The Investigating Officer during investigation found that there was strain relationship between the present petitioner who is posted as Inspector-in-Charge of Town Police station and the deceased persons because of an alleged support by the present petitioner to one Mini India Company, where deceased Sk. Sabir had invested money, but the Managing Director of the Company namely Sk. Sahid Mojahid Alli did not return the money of Sk. Sabir. On the other hand, the present petitioner filed false cases at the instance of said Managing Director against deceased Sk. Sahid. During investigation it is further found that on 24.11.2012 at 9.30 A.M. there was a quarrel between one Rahim Khan and deceased Sk. Sabir and his brother Sk. Sahir, but the petitioner in the capacity of the Inspector-in-Charge of Town Police Station, being inimical towards the deceased and his brother arrested Sk. Sahir and during custody assaulted him and forwarded him to court. Against this illegal action of the petitioner the informant had made grievances before the superior Officers of the petitioner. On the same night the petitioner went with the staff to execute the warrant of arrest in connection with the case filed by Rahim Khan and committed the above occurrence as per the case of the prosecution. After due investigation charge sheet has been filed under section 304 Part-II of the Indian Penal Code against the present petitioner only.