Chandigarh, September 13
The Punjab and Haryana High Court today granted regular bail to Kalyani Singh in the Sippy Sidhu murder case after rapping the Central Bureau of Investigation (CBI) for prima facie depending on "tutored and planted" witnesses for solving the crime through her arrest.
Justice Sureshwar Thakur of the High Court asserted the CBI had failed to live up to its credentials of being the foremost investigating agency in the country, from whom "most impartial and objective probe" was expected, rather than choosing to "only adopt the stand of the aggrieved".
Justice Thakur asserted an untraced report in the matter was startlingly filed in 2020, though the investigation was handed over to the CBI in 2015. Instead of employing the best scientific techniques to inculpate the real offenders, it prima facie chose to take the services of "tutored and planted" witnesses merely for solving the crime through the petitioner's arrest.
Justice Thakur also called for "threadbare" probe, adding justice had to be done to the aggrieved. The investigating officer (IO) may, in his wisdom, but with the court's permission, make further threadbare investigations into the uninvestigated facets relating to the crime event. Justice Thakur asserted: "The judicial conscience of this court feels further investigations may ultimately result in all the offenders concerned being brought to inculpation. Moreover, also hence complete justice would be done to the aggrieved besides to the society at large."
Justice Thakur also rapped the IO after observing the probe commenced about seven years hitherto. Yet, no headway was made, except filing of the untraced report. Prima facie, there was over anxiety on IO's part to somehow close the investigation through arresting the petitioner.
He remained unmindful of the untraced report, reflecting statements of all witnesses, without anything incriminating being drawn against the petitioner.
His hastiness, besides leaving aside all relevant uninvestigated facets, led to prima facie irresistible conclusion that "rather botched and slipshod investigation" was made only for solving the crime, rather than ensuring complete investigation into the role of all the "relevant offenders concerned".
Justice Thakur added the court was constrained to admit the petitioner to regular bail, especially when at the current stage, evidence was not adduced by the investigating agency, suggesting likelihood of her fleeing from justice or tampering with prosecution evidence.
Court castigates IO
- HC rapped the IO saying even seven years after probe, no headway was made except filing of untraced report
- Prima facie, there was 'over anxiety' on IO's part to close investigation by arresting the petitioner, it observed
- Hastiness led to prima facie irresistible conclusion that 'rather botched and slipshod investigation' was made only to solve crime
from The Tribune https://ift.tt/zuajNML
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