Navi Mumbai: 4 unknown persons attacked Kapil Sham Bhati Age 42 at Sanpada Bar & Restaurant and cause hurt .On 23 March 2021 complainant visited to Sunday Bar restaurant at Vashi. The 4 unknown accused voluntarily cause hurt to Yes Bank Staff Mr Kapil Bhati . He was bleeding on the spot with huge injury . No reason was there for brutally assault. Till date Navi Mumbai Police failed to identify 4 accused persons. As per complainant the IO Sanjay Sable has not updated the investigation since FIR registration . The CCTV Footage was seized by vashi police. As per information the accused persons are politically exposed persons, so IO is under pressure to file supplement FIR in court with the name of accused persons.
Instrumentality of a State and its officials must conform to the Rule of Law leading to fairness in action. It has been well established that fairness is a facet of Article 21 of the Constitution of India. Such a fairness in action is also mandatorily to be followed in a criminal investigation. A right to a fair investigation is not only a constitutional right but a natural right as well. In Sathyavani Ponrani v. Samuel Raj, 2010 (4) CTC 833, while dealing with fair investigation, this Court has held that the same is mandatory under Articles 14, 21 and 39 of the Constitution of India.
A bias attributed on the part of the
investigator may lead to a deception leading to injustice.
A duty is imposed upon the investigator to give an impression that it has been
done without an element of unfairness or
ulterior motive. He must dispel a possible suspicion to the genuineness of
the investigation done. An attempt of an investigation officer is to make a
genuine endeavour to bring out the truth.