1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6124/2010 Azam Khan Vs. State Date of order : 4/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Mehrishi for the petitioner. Shri G.S. Rathore, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Considering the facts and circumstances of the case and keeping in view the statement of several witnesses recorded u/s. 161 and the report of the Investigating Officer that petitioner had two previous cases registered against him,in one of which he was accused of murder and soon after his release by police, he was involved in the present case, I am not inclined to enlarge the petitioner on bail. Consequently, the bail application of the accused petitioner stands dismissed. In the course of hearing, it transpired that three of the witnesses; namely injured Radhey Singh, Kalu Singh and Shyam Singh named petitioner Azam Khan along with co-accused Saleem as the assailants, whereas the Investigating Officer has three and half months after the date of incident recorded three more statements; that of 2 Munna, Gulam and Narain under Section 161 of Cr.P.C. in order to exclude Saleem whereas in the challan ultimately filed, he did not give any explanation as to why he decided not to add Saleem as accused. Superintendent of Police, Jhalawar to examine the matter as to why Saleem was left out from being made an accused and submit his satisfaction report to this Court within two months. Compliance report of the Superintendent of Police, Jhalawar be obtained. A copy of this order be sent to Superintendent of Police, Jhalawar for necessary action. (MOHAMMAD RAFIQ), J. RS/