RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(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 invain. They did not have even the courtesy 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 under the command of the Pradhan, they had gone for a protest against the conduct of a respectable police officer who has failed to set in a manner regarding law, and if somebody from the crowd turned violent unless specific overt 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 F. I. R. No. 35/88 of Police Station Mandawar which requires a serious investigation into the conduct of the S. H. O. , Mahua by an independent officer of the crime Branch of the C. I. D. rather than trying to apprehend one and all in F. I. R. No. 36/88.

(2.) THE SHO/ao/io, Police Station, Mandawar in F. I. R. 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.