Mehtab Khan v. State of Rajasthan through the P. P.
2003-08-13
HARBANS LAL
body2003
DigiLaw.ai
JUDGMENT 1. - This bail application under section 439 Criminal Procedure Code has been filed on behalf of petitioner Mehtab Khan against whom investigation is pending along with others for the offences under Sections 147, 148, 149, 452, 323, 447, 307, 436, 427, 295 and 302 Indian Penal Code in FIR No. 48/03 P.S. Naichhwa Distt. Sikar. 2. Learned counsel for the petitioner has contended that he is a Government servant and was attending a departmental meeting at the time of alleged offence. He has been falsely implicated in this case so that he may not defend his family members. No specific overtact has been attributed to him which also shows that he was not present at the scene of occurrence. 3. Learned P.P. as well as the learned counsel for the complainant have both vehemently opposed the bail application. They have submitted that the plea of alibi is neither true and believable nor it can be considered at this stage of investigation. They have also submitted that no specific overtact has been ascribed to other accused persons also and, therefore, simply because no overtact has been ascribed to him, it cannot be inferred that he has been falsely roped in this case. 4. Having considered the rival submissions made at the bar and after a thorough perusal of the case diary and without expressing any opinion on the merits of the case at this stage, I do not deem it just and proper to enlarge the petitioner on bail at this stage when investigation is still pending and his plea of alibi is yet to be verified in the investigation. 5. In the result, this bail application is hereby rejected at this stage. However, the petitioner, if so advised, shall be free to file fresh bail application after the investigation is completed.Petition dismissed. *******