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1991 DIGILAW 387 (RAJ)

Kamal v. State of Rajasthan

1991-04-20

N.C.SHARMA

body1991
JUDGMENT 1. - Heard and perused the case-diary. It appears from the perusal of the case diary and the FIR that specific names of Soniram, Ramnarain, Prem Gujar, Bhajanlal, Ajay, Vijay, Radho, Sabo Gujar, Kesbav. Narpat Gujar, Bishambhar, Bhup Gujar, Dajoli Patwari, Radheyshyara, Guddu, Shyam, Naresh & Vijay Thakur, were given. Then, it was stated that 20-25 more persons were present. It was mentioned that Ramnarain and Prem Gujar fired gun-shot, hitting Kamal. It was also said that complainant Dinesh was beaten up by Guddu, Shyam, Bishambhar and Shivram. The names of Soniram and Dajoli were also mentioned amongst the assailants. No where in the FIR, any specific role was attributed to the petitioners, and their names were also not mentioned. 2. The counsel for the complainant contended that before the Addl. Sessions Judge, Chhaganlal stated that no application was filed for prearrest bail on his behalf. Chhaganlal, therefore, should, first, approach the Sessions Court, and bis application for pre-arrest bail, is dismissed. 3. So far as Roopi, petitioner No. 6 is concerned, counsel for the petitioners states that he has already been arrested, and therefore, he does not press the prearrest bail application in respect of Roopi. The same is accordingly dismissed as not pressed. 4. The application of the remaining petitioners, namely, Kamal, Maharaj, Dharamsineh, Bhagwan Singh, Vijendra, Vallo and Laxman. is allowed; and it is ordered that in the event of their arrest by the SHO, PS Sewar (Bharatpur), in connection with FIR No. 03/91 lodged at that police station, for offences under sections 147, 148,149,323. 452,380,307 & 302, IPC. they be released on each of their furnishing a personal bond in the sum of Rs. 10.000/- with two sureties in the sum of Rs. 5,000/-each, to the satisfaction of the SHO of the said police station, on the following conditions ;- (a) that they shall make themselves available for interrogation by a police officer as and when required; (b) that they 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; and (c) that they shall not leave India without the previous permission of the Court. *******