KAPTAN & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned P.P.

(2.) It was contended that seven co-accused were acquitted vide judgment dated 13.3.2002 delivered by Additional Sessions Judge No. 1 (Fast Track), Dholpur. It was argued that accused-petitioners Kaptan is uncle in law and second accused is the wife of first accused and according to the judgment this was a case of no evidence.

(3.) Learned P.P. opposed it on the ground that challan against both the accused was filed as provided under section 299 Cr. P.C, hence this bail application is not maintainable. But, keeping in view this judgment of the trial court in regard to seven accused, this petition is disposed of with this direction that the accused-petitioners may surrender before the trial court on 13th May, 2002 and if bail application is moved that be decided on the same day. In the meantime the accused-petitioners may not be arrested. If the accused-petitioners does not surrender as stated above, this bail application under Sec. 438 Code Criminal Procedure stands dismissed. .