AMRISH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) How course of justice could be derailed, if not thwarted, by an undertrial prisoner with the help or connivance of Jail Officials/Doctors is the focal point which stares at us calling for immediate remedial measures.

(2.) It all started with an innocuous bail application filed by Amrish Rana, an under trial prisoner, lodged in sub Jail, Una. The applicant along with others was arrested in a case regisered with Police Station, Una, in terms of FIR No. 489/99, dated 10/09/1999 for offences punishable under Sections 302, 307, 147, 148, 149, 341, 323, 324, 506, 212, 109, 201 read with Section 120-B of the Indian Penal Code and Section 25 of the Arms Act. In this case the accused were alleged to have killed three persons and injured some other. The accused could only be arrested on 26/09/1999. Accused-applicant Amrish Rana allegedly killed one Rajiv Kumar by thrusting a sword in his stomach through and through.

(3.) Petitioner Amrish Rana filed an application, under Section 439 of the Code of Criminal Procedure, for the grant of bail on the grounds that he is in custody for more than 31 months and all the accused, except him and Gurjant Singh, have been released on bail. The trial has been delayed because Gurjant Singh had undergone a Kidney Operation and is on medical rest in Open Air Jail at Bilaspur.