INAYATULLAH Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Jain, J. This is a revision against order dated 30th November, 1998 passed by Sri Raj Krishna In charge Chief judicial Magistrate, Saharanpur by which an application under Section 167, sub-clause (2), Cr. P. C. has been rejected.

(2.) THE brief facts of the case are that against revisionists Inayatullah, Suleman and Bholu a case under Section 302,i. P. C. etc. has been registered and they have been arrested. THE prosecution case is that on 19th August, 1998 at about 3-00 p. m. accused Suleman poured kerosene oil over complainant's brother Sukhvir and Bholu took a matchbox from accused Inayatullah and set Sukhvir on fire. THE accused also set fire to the thatched roof of the house. Sukhvir was immediately taken to a hospital situated in a nearby village and there after he was removed to Saharanpur and then to Delhi. First Information Report was lodged by Jaipal, brother of Sukhvir, on 20th August, 1988 after returning from Delhi.

(3.) THE learned Counsel for the revisionists has given the following dates: (i) Date of arrest 28-8-98 (ii) Last remand order 25-11 -98 (iii) Date on which 90 days completed 26-11-98 (iv) Application for bail filed 28-11 -98 (v) Charge-sheet filed 30-11. 98 (vi) Bail application considered 30-11 -98.