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2008 Supreme(All) 722

PRAFULLA C.PANT
SHER ALI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
G.S.Sandhu, Rajendra Kotiyal, Sandeep Kothari,

Heard learned counsel for the parties. The detenue is produced today before this Court.

2. By means of this writ petition, pe titioner Sher Ali has sought writ in the na ture of Habeas Corpus for his production in the Court and has further prayed for setting him at liberty forthwith.

3. Brief facts of the case are that pe titioner Sher Ali appears to be one of the accused in Case Crime No. 3979 of 2007, relating to offences punishable under Sec tion 302 / 34 of I. P. C. , registered with po lice station Kashipur, District Udham Singh Nagar. Complainant Idrish Ahmad lodged the first information report stating that his brother Illiyas was shot dead by one Danish @ Manni, Paras Rana and two others. The petitioner is not named in the first information report as is appar ent from the copy of the first information report, which is Annexure -1 to the writ petition. The Order dated 26th of Octo ber 2007, passed by learned Single Judge of this Court, on Bail Application No. 1203 of 2007 (a copy of which is Annexure - 2 to the writ petition) shows that applicant Sher AH, who was arrested in connection with aforesaid crime, was di rected to be released on bail on execut ing a personal bond an









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