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1992 DIGILAW 9 (RAJ)

Murli @ Mool Chand v. State of Rajasthan

1992-01-03

N.L.TIBREWAL

body1992
JUDGMENT 1. - Heard,The contention of the learned counsel for the petitioners is that the incident took place on Nov. 18. 1991 in which members of both the parties have sustained a number of injuries. The learned counsel argued that from the side of the accused party also, a number of persons had sustained simple and grievous injuries on their persons. The learned counsel further argued that the deceased Gulla had sustained three injuries and after his operation, he was discharged from the hospital on Nov. 30. 1991 and, thereafter, he died on December 1, 1991. The learned counsel argued that on the day of the incident, the members of the complainant party were in possession on the disputed land. It was further argued that none of the accused-petitioners is the author of the fatal injury to the deceased. 2. On the other hand, the learned counsel for the complainant opposed the bail application and contended that previously also the members of the accused-party had tried to make a forcible possession over the land in question, which is a way for going to the field of the complainant party, as well as, of the accused-party. The learned counsel submitted that the patwari of the area had made the pathargadi of the way, but still the members of the accused-party were adamant to take the law in their hands to make the forcible possession over the land in question. According to the learned counsel, the members of the accused-party were aggressor, as such, each of them is responsible for the murder of Gulla with the aid of Section 149 IPC. 3. It will not be advisable to make critical analysis of the material to find out as to which of the parties was aggressor. 4. However, taking into consideration the entire facts and circumstances of the case especially the fact that the deceased Gulla had died after 14 days of the incident and that too after he was discharged from the hospital and the fact that the accused-persons had also sustained a number of injuries and none of the accused petitioner is the author of the fatal injury, I am inclined to release all the petitioners on bail under section 439 Cr.P.C. 5. It is, therefore, directed that the petitioners - Murli @ Mool Chand S/o Shri Pratap, Hanuman S/o Shri Kana Ram, Banshidhar S/o Nathu Lal Ram Narain S/o Kana Ram, Jagdish S/o Murlidhar, Kana Ram S/o Bhura Ram and Chhitar S/o Ganga Ram be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Rs. ten thousand only) with two sureties in the sum of Rs. 5000/- (Rs. five thousand only) each to the satisfaction of the trial court for their appearance in the said court or any other court on all the dates of hearing and as and when called upon to do so during the pendency of the trial in this case.Bail granted. *******