AMEEN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioners have laid this second bail application under Section 439 Cr.P.C. arising out of FIR No. 60/2017, registered at Police Station Falsund, District Jaisalmer for offence punishable under Sections 147, 148, 149, 452, 323, 325, 307 and 363 IPC.

(2.) First bail application bearing No. 9611/2017 on behalf of petitioners was dismissed on 13th of November, 2017.

(3.) Arguing on this second bail application, it is submitted by learned counsel for the petitioners that now there is material change in the circumstances inasmuch as after completion of investigation in the matter charge-sheet has been filed. It is also submitted by learned counsel that now no recovery is to be made from the petitioners. While referring to the injury reports of Itiyo and Fatmo, it is submitted by learned counsel that as per expert opinion, injury No. 1 of Itiyo is reported to be grievous in nature but not dangerous to life. Likewise, learned counsel contends that injury No. 2 of Fatmo, as per expert opinion, is simple in nature, and therefore, in that background prima facie criminal delinquency of the petitioners for offence under Section 307 IPC is under cloud. Learned counsel has also contended that all the petitioners are in custody for last more than two and half months, therefore, taking into account all these substantial change in the circumstances, their second bail application merits favourable consideration.