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2021 Supreme(Del) 556

SUBRAMONIUM PRASAD
In The Matter Of: Azad Singh @ Mamu – Appellant
Versus
State (N. C. T Of Delhi) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mukesh Kalia, Advocate with Mr. Chetan Pangasa, Advocate
For the Respondent: Mr. Amit Chadha, with SI Baljit Singh, PS Paschim Vihar East

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This petition under Section 438 Cr.P.C is for grant of bail to the petitioner in the event of arrest in FIR No.541/2020 dated 09.09.2020, registered at Police Station Paschim Vihar East for offences under Sections 308/324/392/506 IPC.

2. Facts, in brief, leading to the present petition are as under:

    a) An information was received on 08.09.2020 that “D-9 Peeragarhi Apsra Banquet Hall, Caller ke pati ko Mamu Naam Ke Badmash Ne Chaku Mar Diya”. The said information was entered vide DD No.05-A. The police reached the spot and found that the injured has been shifted to Sanjay Gandhi Memorial Hospital, Mangolpuri. Police reached the Hospital and collected the MLC of the injured, being MLC No.10893/2020. The MLC records the following injuries:

i. Abrasion on left parietal region,

ii. Swelling on B/L cheek,

iii. Clear incised wound on Left thigh 2cm x 0.5cm x 0.2cm,

iv. Clear incised wound on right thigh 1cm x 0.2cm x 0.2cm.

b) The MLC also records that the injured was not able to speak due to pain and swelling in his jaws. It is stated that on the next day i.e. 09.09.2020, the Police reached the house of the injured and recorded his statement.

c) It was stated b

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