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1993 DIGILAW 820 (RAJ)

Nathu Lal v. State

1993-12-14

N.L.TIBREWAL

body1993
JUDGMENT 1. - Both these petitions may be disposed of by a common order, as they arise out of the same FIR. 2. I have heard learned counsel for the petitioners and learned Public Prosecutor for the State, at length. The case diary was also perused. There is no direct evidence in the case and the name of the accused hinges on circumstantial evidence. So far as the petitioners are concerned, it is contended by the learned counsel that only circumstance is that they were seen on a tractor along with co-accused Ramlal, Rampal and deceased-Pannalal, at 9.30 p.m., on 16.7.93. It is also contended by the learned counsel that it has not come on record that how far the place of occurrence was away from where they were last seen and this evidence, in the absence of any circumstance against the petitioners, was not sufficient to convict them in the case. 3. On the other hand, the learned Public Prosecutor gives out that the co-accused Ramlal and Rampal had made extra- judicial confession before the witnesses-Panchu and Mool Chand. However, the confession made before these witnesses cannot be read against the petitioner. 4. After hearing the learned counsel for the parties, I am of the view that the case of the petitioners is distinguishable to that of Rampal and Ramlal and they deserve to be released on bail under section 439 Cr.P.C. 5. It is, therefore, ordered that the accused-petitioners Ranlal s/o Shri Kajod, and Nathu Lal s/o Shri Badrilal, shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties in the sum of Rs. 5,000/- (Rupees five thousand only) each to the satisfaction of the trial Court, with the stipulation to appear in that Court or any other Court on each and every date of hearing and as and when called upon to do so during the pendency of the trial against them in their respective cases. The bail shall also be subject to the condition that they shall not tamper with the prosecution witnesses. If the aforesaid condition is violated, it shall be open for the trial Court to cancel their bail in accordance with law without making any reference to this Court. *******