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2016 (11) TMI 1729 - HC - Indian LawsSeeking grant of bail - Illegal execution of warrant of arrest or not - illegal detention in custody or not - whether petitioner and other police staff poured kerosene from a jerrycan upon the deceased persons or the deceased person has committed suicide? - HELD THAT:- It is revealed that statements of the inmates of the family accused the petitioner to have caused death of the deceased persons, whereas the outsiders eye witnesses including one of the accused in other case who was inside the jeep and accompanied police officials gave different version saying self immolation by the deceased persons to avoid arrest. It is also revealed that one of the witnesses stated to have recorded the dying declaration of Sk. Sabir where he has named the present petitioner, but the treating physician stated that the deceased having 95% burn injury has no ability to talk. It appears that the Investigating Officer has maintained both the above statements while opposing bail, but had recorded to the effect that "accused persuaded his mission to execute the N.B.W. issued by the court as a result of which the deceased persons committed self immolation which was with the knowledge of persuasion of the accused for which prima facie case under section 304 Part-II of the Indian Penal Code is made out". When the Investigating Officer has come to conclusion about a case of self-immolation of the deceased persons as per the statements of the eye witnesses, prima facie case is yet to be made out against the present petitioner. Whether self-immolation is within the knowledge of the present petitioner or not can be decided at the time of trial. It is too early to opine on the merit of the case, but as per discussions made above and the opinion of the Investigating Officer, it is the considered opinion of this Court that prima facie case against the petitioner for the purpose of granting bail is yet to be formulated. Regard being had to the facts and circumstances of the case as discussed, including the nature of allegation and punishment prescribed for the alleged offence, let the petitioner be released on bail on furnishing bail bond of Rs. 1,00,000/- with two solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter subject to condition imposed - bail application disposed off.
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