Rajasthan High Court - Jaipur
Om Prakash And Anr vs State Of Rajasthan Through Pp on 2 June, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R 1. S.B. Cr. Misc. Bail Application No.6049/2016 (Om Prakash @ Anr. v. State of Rajasthan) 2. S.B. Cr. Misc. Bail Application No.5157/2016 (Mahaveer & Ors v. State of Rajasthan) Date of Order:02/06/2016 PRESENT HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Mr. Amit Dadhich, for the petitioners. Mr. R.R. Baisla, Public Prosecutor for State.
Mr. Manoj Sharma, for the complainant.
By this common order, S.B. Criminal Misc. Bail Application No.6049/2016 preferred by Om Prakash and Sharwan and S.B. Criminal Misc. Bail Application No.5157/2016 instituted by Mahaveer, Mukut and Hanuman, shall be decided together.
Both the applications have 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 offences under Sections 147, 148, 307, 325 and 302/149 IPC.
Learned counsel for the petitioners has relied upon the order dated 9.5.2016 passed in S.B. Criminal Misc. Bail Application No.5541/2016 whereby co-accused Mohan Lal and Radha Kishan were released on bail. Order dated 9.5.2016 passed in S.B. Criminal Misc. Bail Application No.5541/2016 reads as under:-
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.
Shri Manoj Sharma learned counsel for the complainant has read the statement of witness Nand Kishore s/o Dhanna Lal recorded under Section 161 Cr.P.C. He has also referred to the post-mortem report of deceased Nand Kishore and injury report of Pappu, injured witness. Shri Manoj Sharma has stated that it has surfaced in the statement of Nand Kishore s/o Dhanna Lal that Mahaveer, Mukut and Hanuman, petitioners to S.B. Criminal Misc. Bail Application No.5157/2016, alongwith Bajrang Lal, Buddhi Prakash and Bal Kishan co-accused had caused injuries to the deceased. Shri Sharma has further stated that on the person of deceased, there were nine injuries. It is further stated that Sharawan, petitioner No.2 in S.B. Criminal Misc. Bail Application No.6049/2016 had caused grievous injury on the head of Pappu witness cited by the prosecution.
After hearing learned counsel for the parties, no ground is made to grant bail to Mahaveer, Mukut and Hanuman, petitioners to S.B. Criminal Misc. Bail Application No.5157/2016, who had caused injuries to deceased. Similarly, no case is made to grant bail to Sharawan, petitioner No.2 to S.B. Criminal Misc. Bail Application No.6049/2016, who had caused grievous injury to Pappu injured witness.
However, so far Om Prakash petitioner No.1 to S.B. Criminal Misc. Bail Application No.6049/2016 is concerned, he has neither caused any injury to the deceased nor any grievous injury to the injured witness.
Hence, bail application of Om Prakash petitioner No.1 to S.B. Criminal Misc. Bail Application No.6049/2016, is accepted and he is ordered to be released on bail during pendency of the trial, to the satisfaction of the trial court. However, bail applications of Sharwan, petitioner No.2 to S.B. Criminal Misc. Bail Application No.6049/2016, and of Mahaveer, Mukut and Hanuman, petitioners to S.B. Criminal Misc. Bail Application No.5157/2016, are dismissed.
(KANWALJIT SINGH AHLUWALIA),J.
Govind/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Govind Sharma, P.S