TMI Blog2002 (5) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... eview of judgment and order dated 31st August, 2001. Parties are being referred to in their capacity in Criminal Appeal No. 880 of 2001. 2) Briefly stated the facts are as follows: The Petitioner is the informant and husband of one Shrimati Hem Lata Pandey. The said Hem Lata Pandey had appeared as an eye witness against the accused of Respondent No. 2 viz. one Shri Vinod Kumar, in a trial fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As a result of this the said Hem Lata Pandey received gun shots wounds on her chest and died on the spot. A case has been registered against Respondent No. 2 and Vinod Kumar under Section 302 read with Section 34 of the Indian Penal Code. 4) Respondent No. 2 moved an application for bail. This was rejected by the Session Court on 13th July, 2000. Respondent No. 2 then moved an application for b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31st August, 2001 pertain not to the applicant but to Vinod Kumar. It is submitted that the provisions of Section 437 Criminal Procedure Code do not apply as the applicant has not been tried or convicted in any other matter. 6) Mr. A.S. Pundir, who appears for the State, fairly admits that the facts mentioned in order dated 31st August, 2001 do not pertain to Respondent No. 2 but pertain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kaushamibi) charge sheet was filed on 11.10.1998 and the case is pending trial in the Court. 9) It is also to be seen that Respondent No. 2 is the main accused in the killing of Smt. Hem Lala Pandey. The High Court had granted bail on the following grounds: It is not disputed that the investigation of the case has been entrusted to C.B./C.I.D. by the order of the Chief Minister, Copy whereof i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not of such a nature as to require him to be released on bail. Respondent No. 2 can always apply to the Jail authorities to see that he gets the required treatment. It is pertinent to note that in the Review Petition it has not been stated that the applicant still needs medical treatment. It is not stated that he has not received proper medical treatment from the Jail authorities. 11) For th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
