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1993 Supreme(MP) 503

P.N.S.CHOUHAN
HARIRAM SINGH THAKUR – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
MANISH DATT, RIYAZ MOHD, S.S.BISEN

P. N. S. CHOUHAN, J.

( 1 ) THIS order will also dispose of M. Cr. C. Nos. 1533/92 and 3048/92. The petitioner one of 22 accused in a murder case committed on 10-11-1989 with sharp edged weapons is a practising Advocate and a district level office bearer of Bhartiya Janata Party. He has not been arrested so far. His petition for anticipatory bail under Section 438 of the Code of Criminal Procedure is M. Cr. C. No. 1533/1992 and similar petition by 7 other co-accused is M. C. C. No. 3048/ 1992. As per the prosecution, the accused persons armed with deadly weapons fatally assaulted Sahabsingh on 10-11-1989 due to previous enmity. The assailants have been named in the F. I. R. lodged by Smt. Tarabai, widow of Sahabsingh. The petitioner's case is that he was unable to walk on the date of alleged offence due to surgical operation of a boil between his legs. He has been falsely implicated due to political rivalry. The matter was re-enquired by a D. I. G. of Police who on examining Dr. R. K. Singhai and Dr. Promod Kumar Nema of Primary Health Centre, Rehli whose statements are Annexures II and III respectively and who had treated the petitioner, concluded that the petitioner was not in a po







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