- (1.) R. K. Jain, J. Heard Sri R. K. Mishra, learned counsel for the applicant and Sri Pant learned Additional Government Advocate, brief holder for the State U. P.
(2.) THIS is second bail application on behalf of the applicant. First one was rejected vide order dated 17-6- 99. THIS second bail application is being pressed mainly on the ground that the applicant is in jail since 27-4-99. The material seized from the factory of the applicant was sent to Public Analyst for examination and report. No report has been obtained by the Investigating Officer so far. On 8-10-99 the learned Additional Government Advocate had represented that even though a radiogram was sent on 25th September, 1999 to the Investigating Officer, no report has been received as yet. The Court, therefore, ordered that the report of the Public Analyst or the Central Food Laboratory as the case may be shall be obtained by the Investigating Officer on priority basis. That order was not com plied with by the Investigating Officer. Therefore, on 22-11-99 an order was passed summoning the Investigating Of ficer. Pursuant to that order Sri Mohd. Ishaq, who is the Investigating Officer has appeared and has filed affidavit stating that on 8-10-99 (constable No. 523 C. P. Dineshwar Mishra was sent to Vidhi Vigyan Prayogshala, at Lucknow after taking letter/permission from Chief Judi cial Magistrate, Siddharthnagar on 25-11-99. It is stated in the affidavit that at Vidhi Vigyan Prayogshala it was verbally told to the constable Dineshwar Mishra by the official concerned who received the aforesaid letter from the constable that the section in which the material is to be analysed is not manned by anybody due to transfer and nobody has been posted to the said post/section as such the aforesaid report of Chemical Examination/public Analyst could not be obtained by the con stable Dineshwar Mishra. It is however, admitted by Sri Pant that the averments made in para 3 of the affidavit as to what was stated by the constable after his return from Vidhi Vigyan Prayogshala are not corroborated by the C. D. entry. Therefore, this part of the explanation furnished by the Investigating Officer is prima facie false. It was the duty of the Investigation Officer to have gone to the Vidhi Vigyan Prayogshala himself along with a copy of the order passed by this Court on 8-10-99 and should have impressed upon the authorities of the said Vidhi Vigyan Prayogshala about the urgency of the matter but he was complacent and instead of going himself he sent one of his constables. He has thus failed to comply with the order of this Court dated 8-10-99. In the circumstances the accused cannot be kept in jail indefinitely. Therefore, the applicant Harject Singh involved in Case Crime No. 140 of 1999 under Sec tions 419,420,486 and 272 of the I. P. C. and under Sections 7/16 of the Prevention of Food Adulteration Act, Police Station Mohan District Siddharthnagar is granted short term bail for a period of 3 months from the date of his release on his furnishing a personal bond and two sureties each in the like to the satisfaction of Chief Judicial Magistrate, Sid dharthnagar. On expiry of the period of short term bail he shall surrender before the C. J. M. Siddharthnagar.
(3.) A copy of this order shall be sent to D. I. G. concerned for taking action against Sri Mohd. Ishaq who by not complying with the order of the Court helped the accused to be released on bail. The action taken by the D. I. G. shall be conveyed to this Court before the expiry of 3 months period from today. A copy of this order shall be made available to the learned Additional Government Advocate, brief holder for communication to the D. I. G. concerned and follow up action by the said authority. It is further directed that Vidhi Vigyan Prayogshala's authorities shall examine the material and give report within two months from today which shall be produced by the Investigating Officer before this Court.;