Rajasthan High Court - Jaipur
Phool Chand vs State Of Raj Asthan Through Pp on 27 April, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.3321/2011. Phool Chand Vs. State of Rajasthan Date of order : April 27, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajesh Goswami for the petitioner. Shri Sanjeev Kumar Mehla, Public Prosecutor for State.
Shri Sultan Singh for the complainant.
****** Contention of the learned counsel for the petitioner is that the major role has been assigned to co-accused Jitendra Singh for causing head injury sustained by injured Kajodmal and Bhawani Singh. As per the version of the complainant in FIR, such role was assigned to Jitendra Singh but no specific role has been assigned to the present petitioner. In the statement of the witnesses recorded under Section 161 Cr.P.C., it has been alleged that one Jalim Singh, one of the injured on whom petitioner inflicted an iron rod blow on his right leg whereas, similar allegation is also made against co-accused Tejpal. Besides this, there is no fracutre on his right leg. Petitioner is in jail for quite some time and that case of the present petitioner stands on better footing than that of co-accused Jitendra Singh. There is no other previous criminal case ever registered against the petitioner.
Learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application but could not distinguish the case of the present petitioner from that of co-accused Jitendra Singh, who has already been enlarged on bail vide order dated 13/7/2009 passed by the co-ordinate Bench of this Court in S.B.Cr.Misc.Bail Application No.5399/2009.
Having regard to the facts aforesaid and all other facts and circumstances of the case, I am inclined to enlarge petitioner on bail.
In the result, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Phool Chand S/o Shri Hanumana Ram shall be released on bail in FIR No.130/2009 registered at P.S. Ringus, District Sikar for offence under Sections 143, 341, 323, 451 and 308 IPC on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
anil