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2015 Supreme(J&K) 595

BANSI LAL BHAT
Gurmeet Singh and Ors. – Appellant
Versus
State of J&K and Ors. – Respondent


Advocates:
For the Appellant :S.R. Hussain, Advocate
For the Respondents: B.A. Dar, AAG

JUDGMENT

Bansi Lal Bhat, J.

1. Unfazed of rejection of their plea at the hands of learned Principal Sessions Judge, Srinagar, the petitioners, Gurmeet Singh and Surjeet Singh have invoked inherent jurisdiction of this Court for their enlargement on bail in case FIR No. 87/2015, Police Station, Sadder, Srinagar, for the offence under section 306 RPC. Facts germane to the disposal of the bail plea may briefly be noticed. On 27.05.2015, Police Post, Chanapora, received an information through reliable sources that one Bharat Prakash Singh S/O Dr. Mohan Singh, consumed some poisonous substance at his residence Chanapora for committing suicide and he had been admitted in the Hospital. The information was recorded in daily diary under Report No. 87/2015 and a case for offence under section 309 RPC was registered at Police Station, Sadder. Investigation was embarked upon. The deceased was not a fit state of mind and his statement could not be recorded. He expired on 28.05.2015. The body of the deceased was removed from the hospital by his family and last rites were conducted without subjecting the body of the deceased to postmortem examination. Subsequently, the legal heirs of the deceased h













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