CENTRAL BUREAU OF INVESTIGATION Vs. SAIYAD KHAN

JUDGEMENT

(1.) We have heard five applications for cancellation of anticipatory bail analogously as they emanate out of the same police case. CRM (DB) 1519 of 2022, CRM (DB) 1520 of 2022 and CRM (DB) 1527 of 2022 have been filed challenging the order dated March 2, 2022 while CRM (DB) 1522 of 2022 and CRM (DB) 1525 of 2022 have been filed challenging the order dated February 28, 2022.

(2.) Learned advocate appearing for Central Bureau of Investigation (CBI) has submitted that, the learned Judge passed the orders granting anticipatory bail to the private opposite parties mechanically and without considering the relevant materials in the case diary. He has submitted that, the victim died on May 29, 2021. He has referred to the primary post mortem report of the victim dated May 29, 2021 and submitted that, the post mortem does not contain correct reasons for the cause of death. The investigations of the police case had been handed over to the Central Bureau of Investigations on August 28, 2021 pursuant an order passed by the Hon'ble High Court relating to post poll violence. Subsequent to CBI having taken over the investigations, witnesses came forward and recorded statements under Sec. 164 of the Criminal Procedure Code.

(3.) In support of the contention that the victim had been murdered, learned advocate appearing for CBI has relied upon the opinion of the All Indian Institute of Medical Sciences dated December 3, 2021. In addition thereto, he has relied upon the statement of the doctor who had conducted the post mortem including the response of the doctor dated October 7, 2021.