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Sardara Ram and Another vs State of Rajasthan

Rajasthan High Court · Decided on 5 January 2007 · Citation: (2007) 01 RAJ CK 0010

HON’BLE JUDGES
J.R. Goyal, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 307, 323, 341, 451
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 7603 of 2006
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Judgment

6 paragraphs · 356 words

J.R. Goyal, J.—This bail application under S. 439 Cr.P.C. has been filed by the accused petitioner in FIR No. 230/06 registered at Police Station Srimadhopur (Sikar) for the offence under S. 451, 341, 323 and 307 IPC.

2.

Heard Learned Counsel for the accused petitioners, learned Public Prosecutor for the State, Learned Counsel for the complainant, perused the case diary and other material placed before me during the course of arguments.

3.

It was, inter alia, contended by the Learned Counsel for accused petitioners that according to the FIR it was not alleged that the accused petitioners have inflicted the ''kulhari'' blow on the head of the injured Babulal but that injury has been ascribed to co-accused Hajari Lal. It was further contended that even according to the opinion of the doctor, the injury sustained on the head of injured Babulal was not found dangerous to life, therefore, prima facie it was not a case under S. 307 IPC.

4.

Learned Public Prosecutor and Learned Counsel for the complainant opposed the bail application and contended that in the statement of the injured, he categorically stated that Dhola inflicted the ''kulhari'' blow.

5.

Without expressing any opinion on the merit, having considering the rival submissions made at the Bar, keeping in view that in the FIR ''kulhari'' blow on the head of the injured Babulal has been assigned to co-accused Hajari Lal and also the fact that the doctor has categorically opined that the injury found on the head of Babulal was not dangerous to life and all other facts" and circumstances of this case, I deem it proper to grant bail to the accused-petitioners.

6.

In the result, this bail application is allowed and it is directed that accused-petitioners Sardara Ram son of Nanda Ram and Dhola @ Daula Ram son of Jawahari Lal, be released on bail provided each of them furnishes a personal bond in the sum of Rs. 20,000/- together with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court for their appearance before that court on all dates of hearing until conclusion of the trial.