FAKHRE HASSAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The first bail application in this case was dismissed as withdrawn on 4th June, 1992. Thereafter challan has been filed and this second bail application was filed on 6th July, 1992.

(2.) I have perused the challan papers and heard the learned counsel for both the sides. It has been submitted by Shri Biri Singh that the incident had taken place in the premises of the Government College, Ajmer where the accused-petitioner was a student. It has been submitted that the quarrel flared up in the spur of moment between Dashrath Singh and Saleem. The accused-petitioner was also present there. Surendra Singh who is the deceased, had sustained injury at the hands of the present accused-petitioner. It has been submitted that the petitioner is a young student of 20 years and has appeared in M.A. (Previous) Examination while he was in jail and the present accused petitioner is in jail since 24th March, 1992. He has further submitted that Dashrath Singh is a student of 1st year in Shramjivi College and it is he who had come to the Government College, Ajmer where the accused-petitioner was a student. Basically, the dispute was between Dashrath Singh and Saleem. Surendra Singh had come to intervene. He has cited Khajan Pal Vs. State of U.P. (1990 Cr.L.R. 544) .

(3.) It appears to be a case of sudden fight amongst the students. The accused-petitioner is a young student of M.A. and Shri Biri Singh has stated that there is no likelihood of the petitioner's absconding and the accused-petitioner has already remained in jail for a period of more than four and half months.