SHER KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 19-4-93 and 25-5-93 when the earlier applications for suspension of sentence were rejected the counsel for the petitioner was not present. Now, this is third bail application moved by Sher Khan.

(2.) Mr. Kumbhat submits that according to PW 4 Smt. Sayari. accused Asgar Khan and Sher Khan inflicted lathi blow on the head of Subhan Khan whereas as per Doctor there is only one injury on the left parietal temporal part of head and, therefore, the petitioner may be granted bail as the case cannot go beyond Sec. 325 IPC. He also submits that the accused has already remained in jail for 11/2 years. He has relied on Dhan Raj Vs. State, 1992 RCC.75 and Ganesh Lal Vs. State 1987 WLN U.C. 557 .

(3.) Learned Public Prosecutor has not disputed the same.