NIRMAL KUMAR DHIMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed seeking a direction for check-up of the accused by the Medical Board as the accused had been favourably treated and recommended by the Medical Officer beyond his competence so as to help him in securing the bail in the murder case bearing FIR No. 4 dated 4.1.1998 under Section 302 read with Section 34 I.P.C. registered in Police Station Kurali District Ropar with a further prayer for staying proceedings on the bail application before the District and Sessions Judge, Ropar, which was fixed for 24.3.1998.

(2.) BRIEF facts of the case are that elder brother of Nirmal Kumar Dhiman petitioner was murdered. F.I.R. No. 4 dated 4.1.1998, P.S. Kurali was registered. In that F.I.R. Ashok Kumar son of Des Raj Mehra, Khushwant alias Sukhwant Mehra son of Ashok Kumar Mehra were named as accused. During the course of investigation of the case, accused were arrested. On completion of investigation challan under Section 173 Cr.P.C. was submitted.

(3.) DURING the pendency of the bail application, on 10.3.1998 an application Annexure P2 through counsel was filed with a prayer for taking report regarding illness of the petitioner from the Doctor of the Jail at Patiala before deciding the application.