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1992 DIGILAW 30 (RAJ)

Munshi Ram v. State of Rajasthan

1992-01-08

N.L.TIBREWAL

body1992
JUDGMENT 1. - This is a second application for grant of pre-arrest bail u/s 438 Cr.P.C. 2. The earlier bail application was rejected by this Court on Sept. 20 1991. With regard to the case of the petitioner, it was observed as under - "The learned counsel docs not press the application of Boduram and Munshi Ram after the statements of the eye-witnesses were read over before me. Their bail application is also rejected." 3. From the aforesaid order, it is clear that the application of the petitioners u/s 438 Cr.P.C. was rejected after the statements of the eye-witnesses were read over and the learned counsel for the petitioner did not like to press the said application in view of the statements of the eye-witnesses. The petitioner is required in a case under section 302 IPC. which has been registered against him and other co-accused persons at police station Bassi. It is also noteworthy that the police has submitted the charge-sheet against the four accused-persons, who were arrested. However, inspite of the aforesaid order, the petitioner has not appeared before the police and the investigation is still pending u/s 173 (8) Cr.P.C. 4. The learned counsel for the petitioner has raised certain submissions before me for grant of pre-arrest bail The learned counsel contended that the name of the petitioner does not find place in the F.I.R., that the accused-petitioner has also sustained injuries, which are of serious nature and that prima-facie no offence u/s 302 IPC is made out. He has also contended that the petitioner is a Government servant and the statements of the eye-witnesses have been recorded after a long delay. I am afraid that all these arguments cannot be appreciated in a bail application u/s 438 Cr.P.C. in a case under section 302 I.P.C especially when the earlier application has been rejected by this Court as the learned counsel for the petitioner did not like to press the same after the statements of the eye-witnesses were read over. 5. I do not find any good ground to re-consider this second application on merits. 6. This second bail application is, therefore, dismissed. *******