Sitaram vs State of Rajasthan

M.N. Bhandari, J.—Heard learned counsel for the parties and perused the record made available to me during the course of arguments of the case.

Learned counsel for the petitioner submits that the petitioner is behind the bars since 25.11.2007 and otherwise the deceased has not died due to injuries which were otherwise not of grievous nature and in the postmortem also, the cause of death is given as septic shock, though it has been shown to be due to injuries, but it is stated that the deceased died after 5 days and he was not hospitalized anywhere, therefore, the petitioner may be enlarged on bail.

On the other hand, learned Public Prosecutor has opposed the bail application.

After considering the rival submissions made by learned counsel for the parties and without expressing my opinion on the merits and demerits of the case, but looking to the facts and circumstance of the case, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, this bail application is accepted. Therefore, the accused-petitioner, namely, Sitaram S/o Late Shri Revadmal, may be released on bail u/s 439 Cr.P.C. in FIR No.01/2007 registered at Police Station Lalsot, District Dausa for offence u/s 302 IPC provided, he furnishes a personal bond in the sum of Rs.25000/- together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.