AYYUB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Mr. Girish Khandelwal Advocate on behalf of the applicant Ayyub Khan pertaining to f. I. R. No. 33/2008 at police station Laxmangarh, district Alwar, in the offences under Sections 302 and 394 of IPC.

(2.) HEARD learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has canvassed that initially after completion of investigation charge-sheet came to be filed against the accused persons namely Ramchandra @ fukkan and Ati Mohd. and the investigation was kept pending under Section 173 (8) of Cr. P. C. against the petitioner Ayyub Khan. Thereafter, the police completed investigation in respect of the petitioner also and filed the supplementary charge-sheet in the court but there is not even a shred of evidence on record which could connect the petitioner with the commission of the murder of Captan in the instant case. Learned trial court has set out the charges against the petitioner in the offence under section 302 and 392 of IPC read with Section 34 of IPC. He has challenged the order with regard to framing of charge and filed a revision in the high Court, which is pending hearing. However, the High Court has stayed the proceedings as also the trial of the case in respect of the petitioner. In view of these circumstances, there being no evidence against the petitioner, he may be granted indulgence of bail.