LAWS(ALL)-1999-11-37

AKRAM Vs. STATE OF U P

Decided On November 24, 1999
AKRAM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) R K. Jain, J. Heard Sri S. P. Singh Raghav, learned Counsel for the applicant and Sri G. C. Pant, learned Addl. Govern ment Advocate (Brief holder ).

(2.) SRI Raghav argues that the first in formant has disowned the first information report and now there is no material except the alleged statement of the deceased under Section 161 Cr. P. C He has submitted that the report was lodged at 5. 45 p. m. and the deceased died at 8. 20 p. m. while on way to Government hospital, Khurja. His submis sion is that in the circumstances it is doubt ful if the deceased was in a fit mental and Ehysical condition to make any statement, Pant has argued that the victim was first taken to P. H. C. Jevar where it appears from the C. D. that his statement was recorded and thereafter he was referred to Government hospital Khurja.

(3.) LET applicant Akaram son of Munshi Abdul Rehman, involved in Case Crime No. 41 of 1999 under Section 302/307 LEG police station Jewar, district Bulandshahar be released on bail on his furnishing a per sonal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Bulandshahar. Application allowed. .