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1994 DIGILAW 347 (RAJ)

Rajesh v. State of Rajasthan

1994-04-28

N.L.TIBREWAL

body1994
JUDGMENT 1. - This is second application for bail under section 439 Cr.P.C., the earlier one was rejected by this court on 26th November, 1993 with liberty to the petitioner to file fresh application after the statement of the Doctor who conducted the post-mortem report, is recorded by the trial court. This second application has been moved after the statement of the Doctor. It is contended by the learned counsel that as per the case of the prosecution, the petitioner was armed with a knife and it is alleged that he caused injuries to the deceased with knife. It has been stated in the examination-in-chief that the injuries sustained by deceased Daya Ram cannot be caused by knife. This statement of the doctor has not been challenged by the prosecution and no cross-examination on this point has been made with the leave of the court. It is also contended that the petitioner is in Jail for last more than 8 months. 2. Without expressing any final opinion on the merits of the case, but taking into consideration, the entire facts and circumstances of the case, I am inclined to release the petitioner on bail. 3. It is, therefore, ordered that petitioner Rajesh S/o Shri Bhagirath be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- with two sureties in the amount of Rs. 5,000/- each to the satisfaction of the learned trial court for his appearance in that court on all dates of hearing and whenever he is called upon to do so during pendency of trial against him in this case. *******