IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M.29963 of 2008 Date of decision 17.12.2008. Narinder Singh ...... Petitioner versus State of Union Territory, Chandigarh ...... Respondent. Present :- Mr. Davinder Lubana, Advocate for the petitioner. Mr. Rajiv Sharma, Addl.Public Prosecutor, UT, Chandigarh. L.N.MITTAL.J. (Oral). Narinder Singh has filed this petition for bail in case First Information Report No.322 dated 10.8.2007 under Sections 304-A/218 IPC (now charge framed under Section 304 Part II IPC), registered at Police Station Manimajra, Chandigarh. The petitioner was posted as Sub Inspector in Police Station Mani Majra, Chandigarh at the relevant time. Anil Kumar, since deceased, was allegedly taken into custody by the petitioner and was brutally beaten resulting in his death. Learned counsel for the petitioner vehemently contended that the deceased jumped from the first floor of the Police Station leading to his death and the petitioner was not even in the Police Station at that time and even inquest by the learned Sub Divisional Magistrate found that there was only negligence on the part of the petitioner and the injuries appeared to have been sustained by the deceased by fall from height. Criminal Misc.No.M.29963 of 2008 /2/ The aforesaid contentions cannot be accepted at this stage because admittedly charge under Section 304 Part II of the IPC has already been framed against the petitioner and he is facing trial for the same and fifteen prosecution witnesses have already been examined as stated by learned Additional Public Prosecutor. Even revision petition preferred by the petitioner against the framing of aforesaid charge was dismissed by this Court. In view of the aforesaid, it cannot be said that prima facie case under Section 304 Part II of the IPC is not made out as sought to be argued by the learned counsel for the petitioner. It is a case of custodial death. Initially, false information was given to the uncle of the deceased that the deceased had met with an accident but in fact the deceased had already died before this information was given to the uncle of the deceased by the police. He was not told that the deceased had been taken in custody by the police and the occurrence leading to his death had taken place in the police station. Learned counsel for the petitioner emphasized that, as observed by learned Sub Divisional Magistrate in his report, as per post mortem report, cause of death was haemorrhagic shock consequent to injuries described in the post mortem report. However, it is not explained as to how this circumstance helps the petitioner in any manner because even for injuries caused by torture, cause of death can be haemorrhagic shock on account of said injuries. Criminal Misc.No.M.29963 of 2008 /3/ In view of the aforesaid, without meaning to express any opinion on merits, the instant bail petition is dismissed. However, the trial Court is directed to expedite the trial. ( L.N. MITTAL ) JUDGE December 17, 2008 sv