Research › Browse › Judgment

Rajasthan High Court · body

1989 DIGILAW 446 (RAJ)

BABU LAL v. STATE OF RAJASTHAN

1989-07-06

I.S.ISRANI

body1989
Judgment I. S. ISRANI, J. ( 1 ) HEARD both the parties. ( 2 ) THE accused petitioner is charged to have committed under Sections 429 and 326 of the Indian Penal Code. ( 3 ) IT is contended by Mr. Balwada, that the complainant party came to the house of the petitioner with intention to attack, in which several persons of the petitioners party were injured and the petitioner himself has fractured and also incised wound on head apart from other simple injuries. In this case the benefit of Section 438 of the Criminal Procedure Code was given by the Trial of Court to several persons but the same was denied to the petitioner as he is said to have caused injury to Ram Karan in which a fracture in his finger. ( 4 ) IT is contended by Shri Sharma, learned Public Prosecutor that from the statement of Ram Karan it is clear that petitioner wanted to hit him on head but to effect him the injured person given his hand, therefore he received injury and fracture in the finger. ( 5 ) AS is given out the complainant party has been challaned under Section 452 of the Indian. Penal Code on the complaint lodged by petitioner party which arise out of the same incident the petitioner himself has also received incised wound of his head and apart from other simple injury as also received fracture In these, circumstance, I am inclined to grant bail to the petitioner Babulal provided he furnishes a personal bond in the sum of Rs. 5,000/- (Rupees Five Thousand) with one surety in the like amount, to the satisfaction of the Trial Court on the following conditions: (a) that the petitioner shall make himself available, for interrogation by a police officer as and when required; (b) that the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (c) that the petitioner shall not leave India without the previous permission of the Court. Application allowed.