SABIR ALI Vs. STATE

JUDGEMENT

(1.) Ten accused petitioners have moved this application under section 438 Crimial P.C. The Munsif and Judicial Magistrate, Fatehpur Shekhawati, did not accept the F. R. given by the police and directed to issue of non-bailable warrants for the arrest of there petitioners. Their contention is that in the scuffle, which took place between two parties one person on their side died and three other persons have received injuries and the police after investigation came to the conclusion that the petitioners acted in self defence. Referring to the injuries of the complainant, it is contended that only two injuries are incized wounds on the sculf and they are simple in nature. Even the opinion of the doctor, that they could have been fatal, was given after some days.

(2.) Learned counsel for the complainant has first of all submitted that the petitioners Nos. 2 Mehboob Ali and No. 5, Usman are Pakistani nationals who have over stayed in India. However, this is a matter which the competent authority should take up and if, necessary they can be deported to Pakistan. The present matter is to be decided on the basis of facts and circumstances, which are before me. Out of the petitioners, the petitioner No. 5 is said to have inflicted a blow on the head of Hanif Khan by a sharp weapon, and he does not deserve the benefit of anticipatory bail, while others can be released on anticipatory bail.

(3.) The bail application of the petitioner, Usman is dismissed. He shall surrender before the concerned Sessions Judge.