Mehtab Khan vs State of Rajasthan

Mohini Kapoor, J.—The case against the petitioner is u/s 307, IPC and this application has been moved u/s 439, Cr.P.C. The incident put of which the case arises has occurred on 17-5-88 and cross-cases were registered at the Police Station Laxmangarh, district Sikar. On the side of the accused petitioner one person died and some 3 or 4 persons received injuries. The injuries were caused by sharp and blunt weapons. On the side of the complainant, five persons were injured and at the time of examination the doctor reported that all the injuries were simple in nature. Later on his opinion was asked and he reported that the injury of one person on the scalp could be fatal to life. Details of the same were not given to link with the injuries but it could be said that the reference to the injuries of Hanif.

The learned Counsel for the petitioner has brought to my notice that on the report lodged by the complainant party, the Police had given a Final Report but later on the Magistrate has ordered to take cognizance against the petitioner and other accused and it was in pursuance of this order, the petitioner has been arrested. It has been contended that the accused persons in the case lodged by the present petitioner, have been released on bail and some of them are still absconding.

The learned Counsel for the complainant has contended that the Final Report submitted by the Police has not been accepted because, in the report it was mentioned that these persons acted in self-defence and this was the matter which could be considered by the court when evidence from both the sides is before it. Emphasis has been laid on the injury of Hanif which has been attributed to this petitioner who has said to have inflicted blows by Barchhi.''

It is also submitted that the petitioner is facing trial in other cases also.

I have considered the contentions raised on behalf of both the sides and without expressing any opinion on the merits of the case it can be said that considering the nature of the injuries of the complainant side and also considering the fact that the petitioner has already been arrested and that both the parties have enmity on account of which this incident took-place, the petitioner can be released on bail on appropriate conditions.

It is, therefore, ordered that the accused petitioner Mahtab Khan be released on bail provided he furnishes a personal bond in the sum of Rs. 5,000/-(Rupees-Five Thousand) with one surety in the like amount to the satisfaction of the trial court with the stipulation to appear before that court on all dates of hearing during the pendency of trial in this case against him with the further condition that he shall not carry any weapon with him and he shall not commit any offence.