Nand Lal and Another vs State of Rajasthan

I.S. Israni, J.—Heard the parties. The petitioners are alleged to have committed an offence u/s 307, IPC.

It is contended by Shri Gupta, learned Counsel for the petitioner that there has been fight between both the parties in which persons from the accused party have also received grievous injuries. Smt. Kamla, mother of accused Nand Lal has received two injuries, out of which one is grievous. Similarly other persons from the accused side have also received injuries. It is submitted that even though Nand lal and Raju were armed with sword, but the only injury caused by Nand lal to Mohammed Yamin is incised wound, which is simple in nature. The petitioner Raju was also said to have been armed with sword, who is said to have caused two injuries to Mohammad Irfan, one of which is incised wound on little finger, which is said to be grievous. Other wound is on the left hand.

It is contended by Shri Srimal, learned Public Prosecutor that the petitioner were armed with sword and, therefore, keeping in view the injuries caused by them to the injured persons, they do not deserve to be released on bail under the provisions of Section 438 Cr.P.C.

I have carefully considered the arguments advanced. In the circumstances. I am inclined to grant indulgence of the provisions of Sections 438, Cr.P.C. to the petitioners Nand lal and Raju.

The SHO/Arresting Officer/Investigating Officer, P.S. Gumanpura, Kota, is, therefore, directed to release the accused petitioners Nandlal and Raju, in FIR No. 189/89, in the evident of their arrest. Provided they furnishes a personal bond in the sum of Rs. 5,000/- with one surety each in the like amount, to his satisfaction, on the following conditions.

(1) That they shall make themselves available for investigation by a Police Officer as and when required;

(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.