IQBAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) MR. Jai Raj Tantia, the learned counsel for the petitioner has argued that on 4. 8. 2007, a written report was submitted by Wahid Beg. On the basis of written report, a formal First Information Report for the offence under Sections 147, 148, 149, 323 and 307 IPC was registered against Rehmat, Bhanwar, Aslam, Ashraf and the petition. Subsequently, the challan was submitted against the four above named persons. But as the petitioner was absconding, the challan against him was submitted under Section 299 Cr. P. C. After completion of the trial, four persons were acquitted. The petitioner, who was absconder in the case, has now moved the anticipatory bail application before this Court. The main contention of learned counsel for the petitioner is that since all other co-accused persons have already been acquitted by the trial Court, no fruitful perpose will be served by arresting the petitioner.

(3.) LEARNED Single Judge has not given any reason for holding such an opinion. Therefore, the said judgment suffers from sub silentio and therefore cannot be treated as binding precedent upon this Court.