Ajai Lamba, J. - (1.) Applicant prays for bail in Case Crime No.286 of 2012 under Section 307 I.P.C., Police Station Chanda, District Sultanpur.
(2.) For brevity sake, order dated 19.10.2012 is extracted here below :- "1. Allegation in the F.I.R. is that the applicant and his co accused way laid the injured. A long scarf was put around the neck of the injured whereupon the injured became unconscious. The accused then lay down the injured on the railway track. 2. So as to see whether prima facie the allegations are correct or not, a reference is required to be made to the medico legal report. Medical report (photo copy) and its typed copy have been placed on record as Annexure No.SA-2. 3. Photo copy of the medical report has been authored in C.H.C., Pratappur, Kamaicha, Chanda, District Sultanpur. Because photo copy is not readable, obviously, the typed copy would not depict the correct picture. 4. The relevance of medico legal report in cases of hurt, homicide or suicide is enormous. In a case of incised wound, the injury depicted in the medico legal report/post mortem report can clarify whether the knife was sharp on one side or both sides ; the size of the blade ; the force with which the knife has been thrust in the body and the direction from which the knife has been thrust. Likewise, in blunt injuries, explanation of the injury in the medico legal report speaks volumes about the manner in which the injury might have been caused. It assists the Court in formulating an opinion in regard to the manner in which an incident might have taken place. 5. The judicial system is facing serious problems because ocular testimony is given only by interested witnesses. There is always an apprehension in the mind of the Court that the ocular version might be false so as to falsely implicate the accused or make the offence more serious by way of exaggerating the role of the accused. The number of accused is also increased so as to implicate the entire family/friends. 6. The medico legal report, if given clearly, can either endorse the incident as given by the eye witnesses or can disprove the incident to a great extent. This is only possible if a detailed and clear medico legal report is furnished by the doctors, with complete responsibility. The medical reports, however, are written in such shabby handwriting that they are not readable and decipherable by advocates or Judges. It is to be considered that the Medico Legal reports and Post Mortem Reports are prepared to assist the persons involved in dispensation of criminal justice. If such a report is readable by medical practitioners only, it shall not serve the purpose for which it is made. This is despite the fact that computers are available in all medical facilities. In some of the States, practice is being followed where medico legal reports and post mortem reports are made on computers/printers. 7. Let Director General of Medical & Health, U.P. remain present in Court on 6.11.2012 alongwith author of the medical report as inscribed in Case Crime No.286 of 2012, under Section 307, Police Station Chanda, District Sultanpur. 8. Let a copy of this order be conveyed to the concerned authority through Shri Anurag Varma, Additional Government Advocate."
(3.) An affidavit has been filed by Dr. T.P.Singh, Joint Director, Medical Care alongwtih a circular issued to various subordinate authorities dated 8.11.2012. The Circular is extracted here below :- cvmsdjkvasdke;