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1986 DIGILAW 593 (RAJ)

Ram Shonai @ Gemnu v. State of Rajasthan

1986-09-13

N.C.KOCHHAR

body1986
JUDGMENT 1. - The challan papers of the case against the applicant as also against the complainant party against whom the case has been registered vide FIR No. 68/1989 at the instance of the present accused persons have been perused by the learned P.P. as well as by the Court. Both the cases arise out of the same incident. In the case registered at the instance of the accused party the final report submitted in the court by the police shows that the complainant party were trespassers who had trespassed into the field of the accused persons and had caused injuries on the person of Ghanshyam and Ramsharan, applicants. In the other case the report submitted by the police in the challan is that the present accused persons had trespassed into the field of Gutti (one of the injured on the complainant side) and thus the applicants-accused had committed the offences in question. In my view, the police is the first Judge of the case and if two versions are given to the police it has the duty to investigate and report to the court as to which version is correct. The above said reports show that contradictory versions of the incident have been reported by the police to the court. If the version given by the police in the challan submitted against the complainant party, that the complainants were trespassers in the field of the accused side and had assaulted them then there is no reason why the applicants, who are stated to have assaulted the complainant side, should not be granted bail as it is not the case of any one that there was a free fight or that the right of self-defence had been exceeded. In these circumstances, allow this application and direct that the applicants, who are in judicial custody and no more wanted by the police for investigation, should be released on bail subject to their furnishing a bond in the sum of Rs. 5,000/- (Rs. five thousand only) each with one surety in the like amount to the satisfaction of the learned Addl. District Judge, Deeg (Bharatpur).Bail granted. *******