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1990 DIGILAW 443 (RAJ)

Shivram @ Shibbu v. State of Rajasthan

1990-08-17

FAROOQ HASAN

body1990
JUDGMENT 1. - Heard learned counsel for parties.It has been contended by the learned counsel for the petitioner that cross-case has also been registered against the complainant party and in this very incident, mother of the petitioner has also sustained injuries and that the case against the complainant party has been registered for the offence under Section 307, IPC but none of the complainant party have been arrested. Thus, taking the aid of the aforesaid circumstances, the learned counsel for the petitioner added that similarly, the petitioner should also be released on bail so that he may prepare his defence and look after the progress of the case and health of his mother. 2. Learned Public Prosecutor opposed the bail application and submitted that the petitioner caused grievous injuries by a lethal weapon. 3. I have considered the points raised by the parties. It has not been disputed that cross case has also been registered under Section 307, IPC and none of the complainant party have so far been arrested. The accused petitioner is said to have been in Jail for last about one and half months. No useful purpose is likely to be served in case the petitioner remains in jail particularly when the investigation is over and only the challan remains to be filed against the petitioner. 4. Taking note of the aforesaid facts and circumstances of the case, I am inclined to accept this bail application. The same is allowed. It is, therefore, ordered that petitioner, namely, Shivram alias Shibbu s/o Kishan Singh Gujar, r/o Nagla Phoola, P.S. Bayana, presently in subjail Bayana be released on bail forthwith provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand) with two sureties each in a sum of Rs. 5,000/- to the satisfaction of the trial Court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case.Bail Application accepted. *******