Research › Browse › Judgment

Rajasthan High Court · body

1989 DIGILAW 935 (RAJ)

Babbar Bhan @ Babar Singh v. State of Rajasthan

1989-12-08

KAPUR

body1989
JUDGMENT 1. - The dispute about the field has led the parties to exchange blows and cause injuries. In this scuffle one Amar Singh on the side of the complainant died. It is stated that Hanuman and the petitioner Babbar Bhan are the persons who inflicted the injuries to Amar Singh. 2. The learned counsel for the petitioner has contended that the petitioner is in custody for the last 16 months and that so far only four witnesses have been examined. Out of them one has turned hostile. Other witnesses are mostly relations of the complainant but they are not coming forward to give their evidence inspite of the several adjournments granted in the case. It is also contended that the possession over the field was of the accused and they have acted in self-defence. The co-accused Hanuman has been released on bail. 3. The learned Public Prosecutor has opposed the bail application. 4. At present it would not be appropriate to express any opinion on the merits of the case. However, it can be said that considering the delay in the trial of the case and the fact that the witnesses are not coming forward to give their evidence; the accused has raised a plea of self-defence, and the age of the petitioner is said to be 21 years, this petitioner can be released on bail on appropriate conditions. 5. It is, therefore, ordered that the accused petitioner Babbar Bhan @ Babar Singh be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties in the sum of Rs. 5,000/-each to the satisfaction of the trial court for his appearance before that court or any other court on all dates of hearing during the pendency of trial and as and when called upon to do so with the further conditions : (a) that he shall not carry any weapon with him; and (b) that he shall not threaten or influence the witnesses for prosecution either directly or through any one else. *******