Saturday 7 November 2015

INVOLVEMENT OF POLICEMAN IN DOUBLE MURDER



 IN THE COURT OF ( NAME OF THE JUDGE)M, SESSIONS JUDGE, XYZ

 DD-MM-YYYY
ORDER
                 This is pre arrest bail petition filed by ABC Policeman in case FIR (first information report)  No. No/yyyy dated dd.mm.yyyy recorded with Police Station XYZ u/s 302/148/149 PPC.
                   The allegation against the petitioner is that he is involved in murder of Anwari and Goga who were father and brother in law of the complainant respectively.
                   Learned counsel for the petitioner argued that petitioner was not nominated in the FIR but was implicated through supplementary statement of the complainant after 24 days of the occurrence.  He argued that the petitioner is police constable and during his posting at Police station Goden pura, XYZ he conducted raid against the complainant who was involved in sale of narcotics substances and has a grudge. He falsely implicated the petitioner.  He prayed for grant of bail to the petitioner.
                   On the other hand, learned Public Prosecutor assisted by the learned counsel for the petitioner vehemently opposed the bail petition and prayed for its dismissal.
                   Arguments heard. Record perused.
                   Petitioner’s version is that  he was falsely implicated in this case due to grudge of his conducting raid against the complainant is not believable because the petitioner is merely a constable whereas the raids are conducted  under the supervision of  senior police officer and no other police employee  was implicated by the complainant in this case except the petitioner.  Prima facie   there is nothing on record to show any malafide on the part of the police or the complainant.  Case is of a heinous nature and as a result of occurrence two human beings lost their lives. Thus, the petitioner is not entitled for any extra ordinary relief of pre arrest bail.  Consequently, the pre arrest bail of the petitioner is dismissed. File be consigned to the record room after its due compilation.
dd.mm.yyyy
Judge

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