JUDGMENT 1. - This is to decide the bail application filed on behalf of the Nawal Kishore and Chetan Modi against whom charge sheet for the offence under Section 302, 342 and 323 I.P.C. has been filed in the court of Chief Judicial Magistrate, Jodhpur. 2. The learned counsel for the petitioners strenuously contended that the allegation against the petitioners for giving a beating to deceased Vishnu Rao is not substantiated from the prosecution evidence even as it stands today. According to him the alleged beating on 4-3-81 was not brought to the notice of the investigating agencies till 8-3-81, 12:30. A.M. only two hours before the expiry of Vishnu Rao. Another ground raised by the learned counsel is that in the First information Report there is the mention of Vishnu Rao disclosing to his brother that he regained a little consciousness in Dr. Gangarams hospital and therefore there could not have been any occasion for the deceased making any dying declaration of 6-3-81 at the house of Kewal Ram. It has also been vehemently contended that the two postmortem examination reports do not disclose any injury on any part of the body of the deceased and similarly the bed head ticket at M.G. Hospital, Jodhpur does not disclose that it was a medico legal case According to the learned counsel the brother of the deceased said to have reached Jodhpur on 6-3-81 and there is no cogent explanation for his keeping quiet for two days. It has been further urged that Dr. Gangaram who was the first person to attend Vishnu Rao on his complaining pain in the abdomen and urinary obstruction has not been even cited as prosecution witness and therefore the allegation against the petitioners is a subsequent improvement in the case. 3. The learned Public Prosecutor hotly contested the bail application on the grounds that the circumstances of the case as evident to the investigating agency denote that the culprits are shadowing through-out the persons who could have lodged the information in time. According to him the cause of death in the opinion of Dr. Kothari, who conducted the first postmortem examination, of the dead body of Vishnu Rao is peritonitis and therefore it will be only from his statement that it would be known whether that was result of any injury or not. According to him the cause of death in the opinion of Dr. Kothari, who conducted the first postmortem examination, of the dead body of Vishnu Rao is peritonitis and therefore it will be only from his statement that it would be known whether that was result of any injury or not. According to the learned Public Prosecutor this being the situation the petitioners should not be admitted to bail. 4. I heard the rival contention and carefully looked into the record of the case. This is not the stage at which it is admissible to express any opinion about the merits of the case. Suffice it to say that in view of the facts and circumstances of the case, I consider it just and proper to enlarge the petitioners on bail. 5. Hence the bail application is allowed and it is ordered that the petitioners Nawal Kishore and Chetan Modi may be released on bail on their furnishing personal bond for an amount of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of Rs. 5,000/- each to the satisfaction of the Chief Judicial Magistrate, Jodhpur to remain present during the cause of inquiry and trial, whenever and wherever called upon to do so.Bail Application allowed. *******