Judgment N. TIBREWAL, J. ( 1 ) THIS is second application u/s 439 Cr. P. C. for grant of bail. The earlier application was rejected on 12. 11. 1992, and, liberty was given to the petitioners to move fresh application after the statement of the doctor is recorded. The statement of the doctor Liladhar has been recorded in the trial court, and, as such, the petitioners have approached to this Court. ( 2 ) THE only contention raised by the petitioners counsel is that, from the statement of the doctor, it is clear that the deceased Joga had sustained three injuries, out of which, only one injury was caused by a blunt object. Counsel argued that as was the prosecution case, both of the accused petitioners inflicted one blow each with a lathe on the head of the deceased and this fact is not corroborated by the medical evidence. ( 3 ) ON the other hand, the learned Public Prosecutor submitted that the criminal liability of the petitioner can be with the aid of section 34 I. P. C. as all of them came together and it makes no different if it is not ascertained as to which of the two petitioners caused injury by a blunt object on the head of the deceased. ( 4 ) WITHOUT commenting on the merits of the case, but taking into consideration all the facts and circumstances, I am of the view that the case of the petitioners is distinguishable to that of Sarvan, who is said to be armed with a sharp edged weapon and inflicted two injuries on the head of the deceased. Each of the petitioners is said to have caused one injury on the head of the deceased, and at this stage, it is not possible to ascertain as to which of the petitioners is the author of the injury No. 3 on the head of the deceased which is said to have been caused by a blunt object Therefore, I am inclined to grant bail to both the petitioners. It is, therefore, directed that the petitioners viz. (1) Nenu sb. Rama; and (2) Sofar s/o Nenu shall be released on bail, provided, each of them furnished a personal bond in the sum of Rs. 10,000/- (Rs. Ten thousands), with two sureties in the amount of Rs.
It is, therefore, directed that the petitioners viz. (1) Nenu sb. Rama; and (2) Sofar s/o Nenu shall be released on bail, provided, each of them furnished a personal bond in the sum of Rs. 10,000/- (Rs. Ten thousands), with two sureties in the amount of Rs. 5,000/- each, to the satisfaction of the trial court, to appear before it, or any other court, on all dates of hearing during the pendency of trial against them. Bail Application allowed.