H.R. Panwar, J.-By the instant criminal revision petition under Section 397/401 CrPC, the accused - petitioner has challenged the order dated 01.08.2005 passed by Sessions Judge, Pali (for short "trial Court" hereinafter) whereby the Sessions Judge cancelled the bail granted to the petitioner by Judicial Magistrate, Marwar Junction by order dated 30.05.2005 on an application filed by the Non-Petitioner No. 2 under Section 439(2) CrPC.

2. Heard learned Counsel for the parties. Perused the order impugned.

3. From perusal of the order impugned, it appears that allegation against the petitioner is that by teeth biting, a portion of the ear of the Non-Petitioner No. 2 was cut.

4. Learned Counsel for the petitioner submits that in Shakeel Ahmed vs. State, Delhi reported in 2004 SCC (Cri) page 1759, the Honble Supreme Court has held that teeth of a human being cannot be considered as deadly weapon under Section 326, IPC. On similar facts, it was held that it cannot escalate to Section 326, IPC. It can best remain only at Section 325, IPC. According to the learned Counsel for the petitioner, the offence at best, does not travel beyond Section 325, IPC in view of the decision of th