Talla Singh and Others vs State of Rajasthan

N.L. Tibrewal, J.—Both these bail applications can be decided together as they arise of the same in FIR No. 159/89 registered at Police Station Sadulshar. There are cross cases in which both the parties have used gunfires against each others.

From the side of the complainant one person, namely, Sukhminder Singh died and three other persons had sustained pallet injuries. From the side of the accused also five persons have sustained gun fire injuries. It is the admitted case that co-accused Jagjit Singh is the author of the gun fire injury to the deceased Sukhminder Singh and it is also the admitted case that none of the petitioners in these two bail applications had caused any injury to the deceased How ever the accusation against these petitioners is that they made gun fires causing injuries to other persons.

Learned Counsel for the petitioners, Shri S.R. Bajwa, has contended that the case of the present petitioner is in no way distinguishable to that of co-accused Dilbagh Singh and Narendra Pal Singh, who have been released on bail by this Hon''ble Court vide order dated April 9, 1990, in S.B. Criminal Misc. Bail Application No 301/90. It has also been contended that in the cross-case, which has been registered u/s 307, IPC 11 persons have been released on bail. The contention of Mr. Bajwa is that both the parties would be kept at par and as the petitioners are not the authors of the fatal injuries caused to the deceased Sukhminder Singh, they should also be released on bail.

Contrary to this, the learned Public Prosecutor, assisted by Mr. M.L. Garg has argued that the case of the petitioners Ujjal Singh & Sahib Ram is distinguishable to that of the above referred accused persons who have been released on bail in as much as, there is specific allegation against them of causing injuries to injured Amarjit Singh. He contended that against other co-accused persons, order than Jagjit Singh, the allegation is of making gunfire but no specific injury has been assigned to them. It has been further argued that the accused persons had no business to be present at the place of the occurrence and they had gone there with full preparation of committing murded as they were armed with firearms.

It is no doubt true that the incident has taken place in the premises of Tehsil Office where both the parties had freely used firearms. It is also true that in such cases where the parties have used firearms, bail should not be granted liberally, keeping in view that weapon used by them and the place where they had used the firearms. But keeping in view that out of the 9 accused persons three had already been released on bail, two by this Hon''ble Court as referred above, and one by the learned Sessions Junge and the facts that in the cross case 11 accused persons have been released on bail, I am of the view that the petitioners Ujjal Singh, Talla Singh and Sahib Ram should also be given the benefit of bail as they also did not cause any injury to the deceased.

Consequently, both the applications are allowed and it is hereby directed that the above referred three accused persons be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 10,000/-and two sureties of Rs. 5,000/-each to the satisfication of the Additional Sessions Judge No. 1, Hanumangarh, for their appearance in that Court or any other as and when they are called upon to do so, during the pendency of the trial.