Mahendra Singh vs State of Rajasthan

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

196/2019, Police Station Pachpadra, District Barmer for the offences punishable under Sections 147, 447, 302/149, 427 & 120-B of I.P.C.

Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on

record.

Learned counsel for the petitioner submits that the case of the present petitioner is identical to the case of the co-accused Gopal Singh, who has

already been enlarged on bail by this Court vide Order dated 29.01.2020 and therefore, it is prayed that the present petitioner should also be extended

the same benefit of enlargement on bail as in the case of Gopal Singh.

Per Contra, learned Public Prosecutor supported by learned counsel for the complainant submits that the present petitioner was the person who had

driven the tractor over the deceased, due to which injuries have been sustained.

I have considered the rival submissions made at the Bar. It is noticed that the cause of death of the deceased Jagdish in the present case as opined by

the medical board in the postmortem report is as follows :-

“After going through the postmortem findings, we the members of Board are in opinion that the cause of death of Jagdish Goliya S/o Banna Ram,

Age 47 yrs, Caste Jat, R/o. Mahaveer Nagar, Barmer is uncertain. However, visceras are preserved and sealed and sent to F.S.L. for

histopathological and chemical examination. Hence final opinion will be given after F.S.L. Reportâ€​.

Hence, even if the injuries are attributed to Mahendra, the same cannot form the basis for the cause of death of deceased Jagdish.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced this Court is of the opinion that the bail

application filed by the petitioner deserves to be accepted.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Mahendra Singh S/o

Lal Singh arrested in connection with F.I.R. No. 196/2019, Police Station Pachpadra, District Barmer shall be released on bail provided he furnishes a

personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the

satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.