ORDER
S.K. Pande, J.
1. Heard.
2. Admit.
3. Learned Counsel for the State/respondent takes notice.
I.A. No. 5614/2005:
4. This is an application under Section 389(1), Cr.PC for suspension of sentence and release on bail.
5. Special Judge, Shahdol in S.T. No. 51/00, vide impugned judgment dated 12-7-05 recording conviction of appellant under Section 304(II), 330/34, IPC sentenced him to undergo R.I. for a period of five years on each count and to pay fine Rs. 500/-; in default to suffer further imprisonment for a period of three months.
6. Admittedly on 19-12-97, appellant Police Personnel remained posted at Police Station, Chachai. Deceased Suhawan aged about 25 years resident of Village Vakeli was one of the suspect of crime relating to murder. It is alleged that the police on 19-12-97 picked up Suhawan from Village Vakeli. On 19-12-97 he was taken to the hospital where on examination has been declared dead. Merg intimation in relation to death of Suhawan was recorded. Preparing inquest Panchnama (Ex. P-27) the dead body was sent for post-mortem. As per post-mortem report (Ex. P-1-A) the following ante-mortem injuries on the body of the deceased were found :
(1) Contusion 5″ x 4″ size over left scapular region. Reddish, blue in colour. Vertical post-mortem incision present in contused area.
(2) Contusion 3″ x 3″ over right scapula. Reddish Blue.
(3) Parallel contusion 1 1/2″ x 1/2″ each, 1/2″ apart from each other over in a boarder of left scapula, horizontally situated reddish blue.
(4) Parallel contusions 2 1/2″ x 1/2″ each, 1/2″ apart from each other over Rt scapular inner boarder, horizontally situated reddish blue.
(5) Contusion 14″ x 5″ present over post aspect of left thigh extending upto post aspect of upper part of left leg reddish blue. Vertical post mortem incisions present in the middle of post aspect of Lt. thigh and upper part.
(6) Contusion 10″ x 5″ present over post aspect of Rt. Thigh reddish. Vertical post-mortem incision present over contusion.
All the above mentioned contusions are ante-mortem in nature and mate age of the contusions is within 24 hours from the time of incident.
The injuries of the description aforesaid are said to have been caused by hard and blunt object.
7. P.W. 22, the driver of the Police Department on duty has stated that on the date of incident alleged he had taken the appellant to Village Vakeli where from Suhawan was picked up and brought to the Police Station. After some time the Police Personnel have taken the deceased to the hospital. Learned Counsel for the State contended that as per post-mortem report (Ex. P-30-A) the injuries said to have been found on the body of Suhawan were ante-mortem in nature. Appellant did not explain as to how the deceased Suhawan sustained the injuries and succumbed. P.W. 28 Dr. Ashok Sharma with reference to report (Ex. P-65) has stated that the deceased was a young healthy person and referring to the ante-mortem injuries must have died due to crash syndrome.
8. In D.K. Vasu v. State of West Bengal, , it has been held that custodial death is perhaps one of the worst crime in the civilized society governed by the Rules and Law. As such, death in police custody is always seriously viewed. Only because the appellant remained on bail during trial, he can not claim suspension of sentence of imprisonment and release on bail.
9. Consequently, application under Section 389(1), Cr.PC fails and is dismissed. Let the appeal be listed for final hearing in the week commencing 24th of October, 2005.