JUDGMENT 1. - Heard learned counsel for the petitioner and learned Public Prosecutor for the State, as well as, learned counsel for the complainant. The relevant papers perused. 2. It is contended by the learned counsel for that as per the site-plan, the incident has taken place in the field of the accused-petitioner, where the blood and broken bangles were found. It is further contended that the accused - Prithvi Lal and his son - Indra Raj have also sustained injuries in the same incident and some of the injuries were on the parietal region. It is also contended that the co-accused-Indra Raj had sustained an incised would on the right parietal occipital region. On x-ray examination, one of the injuries sustained by the petitioner - Prithvilal was found to be grievous. 3. It is also contended that as per the prosecution case, the deceased had two incised wounds on his head and the petitioner was attributed the injury sustained by him on the left front parietal area, while injury No. 4, which appears to be the fatal injury, was attributed to the co-accused - Indra Raj who has been released on bail. 4. On the other hand, the learned Public Prosecutor and the learned counsel for the complainant contended that though it it correct that as per the prosecution case, Indra Raj had caused the fatal injury, sustained by the deceased but he was released on bail, as this fact was not mentioned in the FIR. It is also contended that the petitioner had caused incised wound on the left fronto parietal area, as such, he can be convicted under section 302, IPC, with the aid of S. 34, IPC. 5. I have given my careful consideration to the above submissions. Though it shall not be proper to express any final opinion on the merits of the case, but taking into consideration the contentions raised by the learned counsel for the petitioner, I think it just and proper to release the petitioner on bail under section 439, Cr.P.C. 6. It is, therefore, ordered that the accused-petitioner Prithvilal s/o. Manohari shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/-(Rupees Ten Thousand only) with two sureties in the sum of Rs. It is, therefore, ordered that the accused-petitioner Prithvilal s/o. Manohari shall be released on bail, provided he 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/investigation/inquiry, as the case may be, against him, in this case. *******