- (1.) This order governs the disposal of an application filed under Section 439 (2) of Cr. PC. by the petitioner Peer Mohd. seeking cancellation of bail of the respondent No. 2 Ajij, who has been granted anticipatory bail vide order dated 21st July, 2009 rendered by the learned Additional Sessions Judge, Sambhar Lake. District Jaipur.
(2.) Heard the learned counsel for the petitioner, learned counsel for the respondent as also learned Public Prosecutor appealing for the State and perused the relevant provisions of law as also relevant materia] available on record.
(3.) Learned counsel for the petitioner has craved the cancellation of bail on the following grounds :- i) That, the accused-respondent Ajij was involved in the offences under Sections 341, 323 and 308 of IPC. ii) That the injured Jamal sustained injuries on his skull, abdomen, back and throat. iii) That, all these three injuries were caused by a sharp edged weapon - knife. Though, none of the injuries is described to be dangerous to life by the Medical Jurists but the injuries are on the vital part of the body. iv) That, causing repeated injuries one after another with a knife reveals that the accused-respondent had an intention to kill Jamaal. From no stretch of imagination, it could be inferred that the case was false and groundless. iv) That, accused-respondent had blemished antecedents as there were seven more criminal cases pending against him in the Courts. The accused-respondent is a habitual offender and of criminal background. Learned Additional Sessions Judge, Sambhar Lake, did not take into consideration all these factors and granted anticipatory bail on the basis of irrelevant and untenable grounds.;