IZHAR AHMAD Vs. STATE

JUDGEMENT

(1.) THESE are two bail applications, one filed by Mohammad Farooq and the other filed by Izhar Ahmad alias Izhar Ali, which I propose to dispose o together as they are inter-connected and involve the same questions of law and fact.

(2.) BOTH the applicants (Mohammad Farooq and Izhar Ahmad alias Izhar Ali) are wanted in a case Under Section 302 I. P. C. for the murder of one Brij Bhushan Dubey. At the relevant time, Brij Bhushan Dubey was Deputy Jailpr in Sampurnanand Open Air Jail, Gurua. On 30-4-77, at about 6 A. M. , Brij Bhushan Dubey was taking his tea at the tea-stall of one Kenhaiya when six persons came there in a Jeep bearing No. D. L. L 7173. Those six persons alighted from the jeep. They were armed with guns and pistola They threatened to kill Brij Bhushan Dubey saying that he had maltreated one of their relations while the was in Sampurnanand Open Jail. Brij Bhushan Dubey felt panicky, threw down his cup of tea and started running to gave his life. Those, persons gave him a chase, fired upon him and killed him. They then left the plaqe with a, view to escape. On of them (went to the jeep which was parked near the iea-stall of Kanhaiya and drove it, away while the remaining five , rah towards Markandi Hills. This incident. was seen by one of the wardens, of Sampurnanand Open Air Jail and he went to P. S. '. Chopan and made a report there. The Taipei; of Sampurnanand Open Air Jail was also informed about this ghastly incident. A posse of P. A. C. constables had, been posted in the vicinity and the Jailor contacted them unmediately. . Some constables at once left in a jeep to apprehend the miscreants, In the way they noticed the jeep of Platoon Commander Sheo Kumar Chaubey comings from the direction of Canal Inspection. House,. The constables stopped his jeep and informed him about the murder of Brij Bhushan Dubey; Platoon Commander Sheo Kumar Chaubey joined them and they all proceeded towards Markandi Hills in search of' the miscreants. They sighted six persons climbing Markaridi Hills. It appears that the person who had driven away Jeep No, DLI 7173 had abandoned his jeep in the Way and had joined his other five associates. The police party opened fire oh the miscreants arid killed three of them. The remaining three were; chased and caught alive. Two of thosa caught are the applicants ' before me. Pistols, guns end cartricgeg were recovered from them: After arrest all the three of them were"' lodged 'in Mirzapur' Jail.

(3.) DURING the, cours of investigation, the first remand wag taken for 15 days, Thereafter the Judicial Magistrate made remand orders dated. 14-5r77, 21-5-77, 2-6-77 and 16-6-77. : On the' last four days the applicants were not produced before the Judicial of Magistrate when remancj. orders were passed. ' 6n 29-6-77 charge-sheet' against both the applicants was received in Court the next date 'fixed in the case was, 12-7-77, On 12-7-77 the 'magistrate was on leave and the case was abjourned to 27-7-77. Nothing happened on 27-7-77 and the case was adjourned to 9-8-77. On 9-8-77 also noting in particular happened. In the order-sheet of 9-8-77 all that is mentioned is that the applicants are needed for identification at allahabad and they should therefor be sent to Allahabad. The case was then abjouraned to 22-8-77. On 22-8-77 the applicxants were still at Allahabad in connection with their identification. The case was then adjourned to 49-77. On none of the dates mentioned above, either at the stage of Section 167 Cr. PC or at the stage of Section 209 Cr. PC the applicants had been produced in Court.