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2024 Supreme(UK) 306

RAVINDRA MAITHANI
Jaspal – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the Applicant :Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Nipush Mola Joshi and Ms. Chetna Latwal, Advocates
For the Respondent: Ms. Manisha Rana Singh, A.G.A.
For the Informant :Mr. T.A. Khan, Senior Advocate assisted by Mr. Vinay Bhatt, Advocate

JUDGMENT :

Ravindra Maithani, J.

Applicants Jaspal and Rohit are in judicial custody in Case Crime No.263 of 2023, under Sections 147, 148, 149, 323, 504, 506, 302 IPC, Police Station- Bazpur, District- Udham Singh Nagar. They have sought their release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, on 02.06.2023, at around 8:30 PM, the applicants along with co-accused attacked the deceased Ajay with lathi, danda, sharp edged weapon and rod. The deceased was attacked on his head. The deceased sustained grievous injuries. He was still in hospital, when the FIR was lodged.

4. Learned Senior Counsel appearing for the applicant would submit that all the nine family members of the family have been implicated in the FIR; in the initial injury report, there was only one injury detected on the head, which was so corroborated in the inquest report. In the post mortem report, although, two separate injuries on the head are noted, but it is argued that, in fact, that was one injury, but after operation, there were wounds. Therefore, they were marked separately; PW1, the informant, has already been examined; specific role has not been assigned to a

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