Rajasthan High Court - Jaipur
Mohan Lal And Anr vs State Of Rajasthan Through Pp on 9 May, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Misc. Bail Application No. 5541/2016 Mohan Lal & Anr. vs. State of Rajasthan Date of Order:- 9th May, 2016 HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Mr. Amit Dadhich, for the petitioner. Mr. Alladdeen Khan, Public Prosecutor for the State.
Present application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioners in a case arising out of FIR No. 197/2015, registered at police station Gandoli, Bundi, for the offences under Sections 147, 148, 307, 325 and 302/149 IPC.
The learned counsel for the petitioners has submitted that the complainant has inflated number of accused and has involved seventeen persons as accused. It is further contended that so far deceased Nand Kishore son of Gobari Lal is concerned, the petitioner has not caused any injury to him. It is further stated that as per FIR only Bajrang Lal, Buddhi Prakash and Bal Kishan had caused injuries to deceased Nand Kishore son of Gobari Lal.
The learned Public Prosecutor has stated that Mahaveer son of Mohan Lal has also caused injuries to deceased Nand Kishore s/o Gobari Lal.
The learned counsel for the petitioner has submitted that so far the petitioner no.2 Radha Kishan is concerned, he has only caused simple injury on the head of witness Nand Kishore son of Dhanna Lal. It is stated that the petitioner no.2 has not caused any injury to the deceased. It is further submitted that so far the petitioner no.1 Mohan Lal is concerned, he is only alleged to have raised exhortation 'Lalkara' and has not caused any injury in the occurrence to the witness or deceased.
Considering the submissions made by the learned counsel for the petitioners that Mohan Lal has not caused any injury in the occurrence and Radha Kishan had caused only simple injury to witness Nand Kishore son of Dhanna Lal, this Court is of the view that the continuous detention of the petitioners as under trial is not warranted, as similarly situated co-accused Nathu Lal and Chhitar have been ordered to be released on bail by the co-ordinate Bench on 25.4.2016 in S.B. Civil Misc. Bail Application No. 3934/2016.
Hence, the present bail application is accepted and the petitioners are ordered to be released on bail during the pendency of the trial, to the satisfaction of the trial court.
(KANWALJIT SINGH AHLUWALIA)J. Mak/12