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1996 Supreme(All) 1184

MARKANDEY KATJU
CHANDER ALIAS CHANDRA – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
C.P.UPADHYA,

M. KATJU, J.

A perusal of the first information report shows that brutal mur der has been committed. First chilli powder was put into the eyes of the deceased Rajesh and then the applicant and others dragged him and stabbed him several times. This version in the first information report is also corroborated by the post mortem report which shows large number of stabbing and incised wounds on vital parts.

2. Learned counsel for the applicant has stated that Honble S. N. Tewari, J. by order dated 21-8-96 has granted bail to co-accused Shankar whose case is on the same footing. With profound respect, I cannot agree with the order of my learned brother. In my opinion this is a case of a brutal murder and since the applicant is directly involved, it is not a fit case for bail.

3. It is true that the practice of this Court has been that if a co-accused whose case is on the same footing is granted bail then ordinarily the applicant too is granted bail. However, in my opinion that cannot be made an absolute rule. No doubt the view of a brother judge deserves great respect, and ordinarily it should be followed, but there may be cases where the Judge cannot agree with his brother judge who gr





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