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Rajasthan High Court · body

1989 DIGILAW 91 (RAJ)

Sabir Ali v. State

1989-02-02

M.KAPUR

body1989
JUDGMENT 1. - Ten accused petitioners have moved this application under section 438 Cr.P.C. The Munsif and Judicial Magistrate, Fatehpur Shekhawati, did not accept the F. R. given by the police and directed to issue of non-bailable warrants for the arrest of there petitioners. Their contention is that in the scuffle, which took place between two parties one person on their side died and three other persons have received injuries and the police after investigation came to the conclusion that the petitioners acted in self defence. Referring to the injuries of the complainant, it is contended that only two injuries are incized wounds on the sculf and they are simple in nature. Even the opinion of the doctor, that they could have been fatal, was given after some days. 2. Learned counsel for the complainant has first of all submitted that the petitioners Nos. 2 Mehboob Ali and No. 5, Usman are Pakistani nationals who have over stayed in India. However, this is a matter which the competent authority should take up and if, necessary they can be deported to Pakistan. The present matter is to be decided on the basis of facts and circumstances, which are before me. Out of the petitioners, the petitioner No. 5 is said to have inflicted a blow on the head of Hanif Khan by a sharp weapon, and he does not deserve the benefit of anticipatory bail, while others can be released on anticipatory bail. 3. The bail application of the petitioner, Usman is dismissed. He shall surrender before the concerned Sessions Judge. 4. The SHO/Arresting Officer, Investigating Officer, Police Station Laxmangarh, District Sikar, in F.I.R. No. 47/88 is, therefore, directed that in the event of arrest of petitioners, Shabir Ali, Mehboob Ali, Shaukat, Bashir, Shaukat son of Ajeem Khan, Hanif, Shabir son of Inayat Khan, Rashid and Abbas be released on bail provided each of them furnishes a personal bond in the sum of Rs. 3,000/- (Rupees Three Thousand) with one surety in the like amount each to his satisfaction on the following conditions : (a) that the petitioners shall make themselves available for interrogation by a police officer as and when required; (b) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissueds him from disclosing such facts to the court or to any police officer; (c) that the petitioners shall not leave India without the previous permission of the court. *******