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2005 Supreme(Del) 576

BADAR DURREZ AHMED
RAJIV RAJU – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Kamna Vohra, PAVAN SHARMA

BADAR DURREZ AHMED, J.

( 1 ) THE learned counsel for the petitioner submitted that the petitioner is not the person who has caused any injury on the deceased. The petitioner even as per the case for the prosecution, is the one who is alleged to have caused an injury on Ejaz, who is the son of the deceased. She further submits, after drawing my attention to the mlc, that the nature of injuries has been indicated as simple. The counsel for the petitioner also stated that the injured Ejaz was discharged on the same day.

( 2 ) THE learned counsel for the State opposed the grant of bail and he cited the decision of the Supreme Court in the case of Gurcharan Singh and Others v. State (Delhi Administration): 1978 SCC (Cri) 41 and in particular he referred to para 24 thereof which reads as under:- 24. Section 439 (1) Cr. P. C. of the new Code, on the other hand, confers special powers on the High Court or the Court of Session in respect of bail. Unlike under section 437 (1) there is no ban imposed under Section 439 (1), Cr. P. C. against granting of bail by the High Court or the Court of Session to persons accused of an offence punishable with death or imprisonment for life. It is, however





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