IMRAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail application has been moved under S. 439, Cr. P.C. by the accused-petitioner Imran Khan who is facing trial in Sessions Case No. 6 of 1993 State v. Mohammed Imran and 12 others in the Court of Sessions Judge, Dungarpur under Ss. 147, 341, 323 and 307, I.P.C. The first bail application S.B. Criminal Misc. Bail Appln. No. 209/93 was dismissed on 22/01/1993 as not pressed. By that time, challan was not filed.

(2.) The learned counsel for the accused petitioner has filed a certified copy of the order of the learned Sessions Judge, Dungarpur dated 12/04/1993 passed under S. 228(1), Cr. P.C. holding that no case under S. 307, I.P.C. is made out against the accused persons and a case under Ss. 148, 323, 324 and 326, read with S.149, I.P.C. is made out against them and has transferred it to the Chief Judicial Magistrate, Dungarpur for trial in accordance with law. He has also filed a certificate of Dr. Anil K. Banvir Junior Specialist (Orthopaedics), General Hospital, Dungarpur stating that Mrs. Jainab wife of Mohd. Ahamed (mother of the accused-petitioner) is physically handicapped from both upper limbs and right lower limb and is unable to perform her normal routine day to day activities of life.

(3.) The learned Sessions Judge has mentioned in his order dated 11/03/1993 rejecting the bail application that the accused petitioner inflicted two knife blows, one on the stomach and another on the intestine of the injured Arvind Kumar. Offence under S.326, I.P.C. is also punishable with life imprisonment.