MOHAMMAD JAMAL Vs. STATE

JUDGEMENT

(1.) RAJESHWAR Singh, J. This matter relates to bail in respect of one Mohammad Jamal who is involved in a murder case.

(2.) WHEN I started sitting here it was noticed that in a good number of bail matters copy of F. I. R. and post-mortem report were not filed. Some cases had to be adjourned for this purpose but to avoid accumulation of cases it was considered proper that in same cases, where Government Advocate would give necessary information. A bail applications were disposed of even in the absence of F. I. R. or post- mortem report had not been filed by the applicant. His application was disposed by the following orders ;- "the learned Government Advocate concedes that the role of the present applicant, and of those who have already been granted bail, is the same, of firing. WHEN some persons have been granted bail, it will be hardly justified to keep the accused/appli cant in jail. As regards the distinction made in the statement under Section 161, Cr. P. C. to that much imperative cannot be attached at this stage. Let the applicant Mohammad Jamal of Case Crime No. 163 of 1985 Loni Katra, district Barabanki be enlarged on bail on his executing a personal bond and furnishing sureties to the satisfaction of C. J. M. Barabanki. "

(3.) BUT the date when the bail order was passed, this F. I. R. was not before me and these facts were not mentioned. It was said in paragraph 11 of the bail application that case of applicant Mohd. Jamal was similar to that of Mashrul Mohd. Kamal and Mohd. Farced. This is obviously wrong because the F. I. R. does not show that these persons committed murders. It was in this content that this affidavit, which purports to be that of Raisul Hasan was not signed by the deponent, though one Advocate identified him and the Oath Commissioner verified. Under the circumstances the order dated 12-8-1987 granting bail on the concession made by the Scale that the role of applicant and others who had been granted bail, is the same, is based on wrong impressions and facts or rather on misrepresentation and it should be withdrawn and bail cancelled.