Laxman Mahadeo Sariputra v. State of Maharashtra (SC) BS625095

Laxman Mahadeo Sariputra v. State of Maharashtra (SC) BS625095 SUPREME COURT OF INDIA

Before:- K.T. Thomas, R.P. Sethi and B.N. Agrawal, JJ.

Criminal Appeal No. 169 of 2001 @ SLP (Crl.) No. 3925 of 2000. D/d. 12.02.2001.

Laxman Mahadeo Sariputra - Petitioner

Versus

State of Maharashtra - Respondent

For the Petitioners :- Mr. Vijay Bahuguna, Sr. Advocate, Mr. Saket Bahuguna, Ms. Ritu Puri and Mr. Dinesh Kumar Garg, Advocates.

For the Respondent :- Mr. S.S. Shinde and Mr. S.V. Deshpande, Advocates.

NOTE

Bail - Offence under section 304(I) Indian Penal Code Accused police officer- Murder in custody of the accused. Allowed bail.

Criminal Procedure Code, 1973, Section 439 - Lock up murder case - Sub-Inspector beating a prisoner to death for the purpose of extracting a confession - Contention that even if the entire allegations could be taken as proved, the offence cannot go beyond section 304 Part I of the IPC - Point raised is certainly worthy to be considered by the Court - Released on bail.

[Paras 1 to 3]

ORDER

1. Leave granted.

In this case the appellant stands charged under Section 302 I.P.C. It is described to be a lock up murder case in which the Sub-Inspector is alleged to have beaten a prisoner to death for the purpose of extracting a confession. Learned counsel for the appellant contended that even if the entire allegations could be taken as proved, the offence cannot go beyond section 304 Part I of the IPC in view of the Exception No.3 contained under section 300 of the IPC.

2. While refraining from expressing our final view on the matter, we say that the point raised is certainly worthy to be considered by the Court.

3. We, therefore, order the appellant -Sub Inspector to be released on bail on his executing a bond in a sum of Rs. 25,000/- with two solvent sureties to the satisfaction of the Trial Judge.

The Criminal Appeal is disposed of.

Appeal disposed of.