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2014 Supreme(Raj) 1767

KANWALJIT SINGH AHLUWALIA
Akhtar – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Mr.AK Gupta with Mr. Sunil Kumar Saini, Advocates.
For the State: Mr.NS Dhakad PP.
For the Complainant:Mr. Rajesh Goswami, Advocate
For the Respondent: Mr. Heeralal SHO P Jurhara present in person.

JUDGMENT

1. - This is second bail application filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.142/2010 registered at Police Station Jurhara,Bharatpur for the offences punishable under section 147,148,149,323 and 302 IPC.

2. Earlier bail application filed on behalf of the petitioner bearing S.B.Criminal Misc. Bail Application No.2442/2014 was dismissed as withdrawn on 6/3/2014 by passing the following order:-

"The learned counsel appearing for the petitioner prayed that the present application may be dismissed as withdrawn.

As prayed, the application is, hereby, dismissed as withdrawn. "

3. Mr. AK Gupta counsel for the petitioner submitted that after withdrawal of earlier bail application, two following subsequent events have taken place necessitating filing after the second bail application

(a) The investigating agency submitted final report in negative form u/s 169 Cr.P.C opining that there is no evidence as per medical evidence that it is a case of culpable homicide amounting to murder.

(b) On 14th March,2014, the Medical Board had opined that cause of death is neuroganic shock and as per earlier postmortem report, court could












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