RB Paswan, former station house officer (SHO) of Maner police station, arrested for allegedly beating to death a middle aged man Salman Khan at the police station, was released on bail after police failed to file a charge sheet within the prescribed time limit of 90 days.
Interestingly during his 90 days judicial custody in Beur jail, he failed to move any bail petition before the court. He filed a bail petition on Tuesday when police failed to submit the charge sheet.
"It has been three months since the alleged incident and the police have not yet filed their charge sheet. As per law, if the charge sheet is not file within stipulated time, the accused can be released on bail in default under section 167 (2) of CrPC", said advocate Birendra Prasad.
Paswan a sub-inspector of Bihar police was arrested on June 15 this year when Khan, who ran a travel agency and was charged with stealing vehicles, died of injuries sustained during interrogation at the police station. Khan had been detained by two sub inspectors --Saurabh Kumar and Dhirendra Kumaron on June 11 and forwarded him to judicial custody on June 15.
A case (number 158/12) had been lodged against two named accused, including Paswan and Dhirendra, on the basis of the statement of deceased's in-laws. However police failed to nab Dhirendra after the court had issued a non-bailable warrant.
Prasad said while passing the order, additional chief judicial magistrate (ACJM) Arvind Kumar Srivastava also wondered, why the police were unable to file a charge sheet in the matter in the three-month period and directed the bail order sent to senior SP Amrit Raj and DGP Abhayanand to take action against the investigating officer (IO) and supervising authority for failing to file a supplementary charge sheet against the accused. Following the directive of state police headquarters, the CID had investigated the case. City SP Jayant Kant and SDPO Danapur, Sushant Saroj alleged the failure of CID department for the case falling apart. Saroj claimed, that the entire case records were handed over the CID. The city SP said he would investigate the matter.
Sources said that under the pressure of police association the concerned IO failed to submit the charge sheet against Paswan or even execute the arrest warrant on the absconding Dhirendra.
An advocate of sessions court, Shashi Kant alias Sadhuji, said this is not an isolated case. Several high-profile accused get bail due to non filing of charge sheet within the stipulated period.