NOOR AHMED Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present petitioner, along- with his wife and daughter, had been booked for offences punishable, under Section 302 and some other provisions of the Indian Penal Code read with Section 34 of the Indian Penal Code, for allegedly committing the murder of one Safi Mohammed. The wife and the daughter of the petitioner have been granted bail by the Sessions Court. The present applicant also approached the Sessions Court for grant of bail. His plea, having been rejected, he tried his luck in this Court. This Court rejected his prayer, vide order dated 1.8.2006, passed in Cr.M.P.(M) No. 523 of 2005, observing that prima facie a case, under Section 302 of the Indian Penal Code, was made out.

(2.) THEREAFTER the police filed challan in the Court of the concerned Magistrate, who committed the case to the Sessions Court and the Sessions Court has charged the applicant and his co-accused with an offence, under Section 304-II read with Section 34 of the Indian Penal Code, instead of Section 302 of the Indian Penal Code. The petitioner again approached the Sessions Court for grant of bail on the plea that prima facie the offence of murder was not made out, as per the Sessions Court itself. But his application was rejected with the observation that he was likely to influence the local witnesses.

(3.) THE learned Additional Advocate General, on being queried by the Court, admits that no revision has been filed against the order of the learned Sessions Judge, charging the present petitioner and his co-accused with an offence, under Section 304-II instead of the offence, under Section 302 of the Indian Penal Code and that he has confirmed this fact by talking to the learned Public Prosecutor, Chamba Shri R.P. Rana on telephone.