QUMRUDDIN KHAN Vs. SAFRAN ALIAS NAIMULLAH KHAN

JUDGEMENT

(1.) This is an application under section 439(2) of the Code of Criminal Procedure. 1973 (hereinafter referred to as the Code) filed by the informant of Jaipur P.S. Case No. 42 of 1996 corresponding to G.R. Case No. 204 of 1996 for cancellation of bail granted to opposite parties 1, 2 and 3 by the Assistant Sessions Judge who was in charge of Additional District and Sessions Judge, Jaipur, vide his order dated 15-3-1996 passed in Criminal Misc. Case No. 112 of 1996.

(2.) The informant is the brother of the injured. It was alleged in the F.I.R. dated 28-2-1996 that while the informants younger brother the injured was traveling on scooter along with one Sk. Anish the accused persons. Namely Naimulla Khan Nasrulla Khan. Enamulla Khan and Ainul Hoda were concealing in the house of Moulvi Abdul Kawi Siddiqi. When the scooter passed near the house the last named accused shouted and the other four accused came out from his room with iron rods. It was further alleged in the F.I.R. that accused Enamulla Khan gave a stroke by rod and the injured fell down from the scooter and tried to run away. Accused Naimulla Khan gave two strokes on his right ear as a result or which the injured fell down and thereafter accused Nasrulla Khan gave two strokes on his face and right eye and Sk. Ainul Hoda gave one stroke as a result of which two teeth had been broken and bleeding injuries were sustained on the right eye, hand etc.

(3.) It appears that opposite parties 1 to 3 after being apprehended moved for bail before the Additional Sessions Judge, Jaipur, after their bail application was rejected by the concerned Magistrate. The said petitioner was placed before the Assistant Sessions Judge, in-charge of Additional District and Sessions Judge and bail was granted mainly on the ground that the injury report though called for by the court vide letter dated 14-3-1996 had not been produced on 15-3- 1996. It was also mentioned that there was overwriting in the F.I.R. by subsequently adding sections 325/324/323, Indian Penal Code. In the said order of bail, it was directed that the accused persons were to report before the I.I.C.. Jaipur P.S. on every Sunday till submission of final form.