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Mangat and Another vs State of Rajasthan

Rajasthan High Court · Decided on 11 July 1989 · Citation: (1989) WLN 86

HON’BLE JUDGES
I.S. Israni, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 302
RESULT
Allowed
CASE NUMBER
Criminal Bail Applicaion No. 1915 of 1989
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Judgment

11 paragraphs · 363 words

I.S. Israni, J.—Heard, both the parties.

2.

The petitioners are alleged to have committed an offence u/s 302, Indian Penal Code.

3.

It is contended by Shri Dhankhar, learned Counsel for the petitioner that deceased Amarchand was beaten to death by Badan Singh and thereafter, Bhikharam & Yadram also came and gave beating to the deceased of which he was injured. It is contended that the petitioners were not present at that time and much after the incident, the petitioner and Ors. are said to have come on roof of the house and these two persons along with others threw stones by which one Ram Lal received three injuries i e. abrasion, confusion and tenderness.

4 The contention of learned Counsel for the complainant Shri Bhandari and Shri Srimal, learned Public Prosecutor that they were members of unlawful assembly and are responsible for the death of deceased Amarchand. It is also pointed out that the investigation is still pending and, therefore, they do not deserve to be released on bail.

5.

I have carefully heard the arguments of learned Counsel for the parties.

6.

In the facts and circumstances of the case, I am inclined to grant indulgence of the provisions of Section 438, Cr.P.C. to the petitioners.

6.

The SHO/AO/I.O./P.S. Kathumar, District Alwar, is directed that in the event of arrest of the petitioners Mangat and Prabhu Dayal, they be released on bail in the FIR No. 74/1989, provided, each of them furnishes a personal bond in the sum of Rs. 5,000/- and a surety in the like amount to his satisfaction on the following conditions:

[1] that they shall make themselves available for interrogation by a Police Officer as and when requited;

[2] that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer; and

[3] that they shall not leave India without the prior permission of the Court.

7.

This order shall not cause any prejudice to either of the parties so far as the merits of the case are concerned.