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1988 DIGILAW 541 (RAJ)

Kaliya v. State of Rajasthan

1988-08-11

MOHINI KAPUR

body1988
JUDGMENT 1. - The petitioners are being tried for the offence under Sections 307, 326, 148, 149 Indian Penal Code read with Sections 3/25 and 4/25 of the Arms Act, The accused namely Shanker and Madan have been released on bail and one Deva is in custody. The incident out of which the case arises occurred on 29.12.86 near the Collectorate Campus. Bundi. The complainant party in the case is of a different community. Deva is said to have fired gun shots, petitioner Kalu Singh inflicted axe blow to Sher Ali by which the thumb of the band was injured. Deva and Shanker are said to have cut hand and feet of Sher Ali while the allegation against Kishan Singh and Madan is about inflicting injuries. 2. No progress has been made in the trial of the accused persons. First of all an Administrative order has been passed by which the accused Deva was not permitted to go out of jail even for the purpose of attending the court. Leter on, on the application of the State the case was transferred to the Designated court at Ajmer but then the accused person Deva filed a writ petition and that order was quashed. Thereafter a transfer application has been moved by the State and this has not been decided so far but interim order has been passed staying the proceedings in the trial court. 3. Considering the circumstances that this case has been given extreme importance and suggestion has been made that altercation in this case was in the nature of communal riots, Mr. M.I. Khan, Addl. Advocate General wanted to appear in this case but as he did not appear on the earlier occasion and it was not considered proper to adjourn the case any further. 4. Accused Shanker is on bail but so far, no application for the cancellation of his bail has been moved. The role of the petitioners can be said to be lesser than that of Shanker, who has also been released on bail. It has not been pointed and that release of petitioners would in any manner affect the peace of the town of Bundi and the village, where he has been residing. The role of the petitioners can be said to be lesser than that of Shanker, who has also been released on bail. It has not been pointed and that release of petitioners would in any manner affect the peace of the town of Bundi and the village, where he has been residing. Looking to the fasts and circumstances of the case and the role of the petitioner and also the delay in the disposal of the case they can be released on bail on certain conditions. 5. The bail application of the petitioners is allowed and it is therefore ordered that the accused petitioners be released en bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand) each with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial court with the stipulation to appear in the court as and when called upon to do so during the pendency of the trial with further conditions that : (a) the petitioners, shall not carry any weapon with them: (b) the petitioners shall not influence the witnesses of this case either themselves or through any one; and (c) on the occasions of all festivals the petitioners shall not join any procession in a group of more than 3 persons. Bail granted. *******