WASIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is third application for bail moved on behalf of the accused petitioner Wasim Khan who has been charge-sheeted for offences under Sections 302, 147,148,149 and 120B IPC.

(2.) THE learned counsel for the petitioner submitted that earlier, the learned Trial Court proceeded to frame the charges against the petitioner for the offences aforesaid and such order framing charges was questioned on behalf of the petitioner before this Court in S.B. Cr. Revision Petition No.366/2012. The learned counsel has placed for perusal the order dated 17.05.2012 whereby this Court, while allowing the said revision petition, quashed the order framing charges dated 11.04.2012 qua the petitioner and directed the learned Trial Court to re-hear the arguments to be advanced on behalf of the petitioner and then, to pass fresh, detailed and speaking order on the question of charges.

(3.) THE learned counsel submitted that the remote and vague allegations as against the petitioner of having helped one of the principal accused boarding the vehicle at Kota could hardly be taken sufficient to charge him for the offence under Section 302 IPC with the aid of Section 120B IPC; particularly when the ingredients of Section 120B IPC are not existing.