ZAHID Vs. STATE

JUDGEMENT

(1.) Petitioner is seeking bail in FIR No. 138/2020, under Sections147/148/149/ 186/188/353/435/302/201/120-B IPC and Section 27 of Arms Act, registered at police station Welcome, Delhi.

(2.) In the FIR it is recorded that a GD entry 053/2020 dated 25.02.2020 was received from GTB Hospital that a person, namely, Mohd. Mudhasir, aged around 30 years, has been admitted in unconscious state and declared brought dead by the doctor. Upon receipt of above information, SI Amit Bansal reached hospital and obtained MLC No. 549/09/2020 of deceased Mudhasir, on which the doctor had opined that "patient brought dead in main casualty and unconscious, unresponsive state". Post mortem of the deceased was conducted on 27.02.2020 and in the post mortem report it is recorded that the deceased was brought to the hospital on 25.02.2020, at around 02:00 PM. All clothes except underwear and socks were blood stained. The cause of death was opined "shock as a result of ante mortem injury to head produced by projectile of firearm. Injury No.1 was ante mortem in nature and was sufficient to cause death in ordinary course of nature. Injury No.2 was caused by blunt force impact." After obtaining copy of MLC, post mortem report and completion of necessary formalities, the FIR in question was registered on 21.03.2020 at the behest of SI Amit Bansal.

(3.) During investigation, it transpired that on 25.02.2020, deceased Mudashir was brought to the GTB Hospital by his wife Ashiya, who stated that he was found in unconscious condition in Gali No.1, at Kabir Nagar.