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2004 DIGILAW 1790 (RAJ)

Man Singh & Anr v. State

2004-12-14

HARBANS LAL

body2004
JUDGMENT 1. - Since these two bail applications pertain to and arise out of the same FIR No. 92/04 PS Mundawar Disti. Dausa for the offences under Sections 147, 148, 323, 326 and 307 IPC, they are being disposed of by this common order. 2. It is contended on their behalf that all other accused persons in this case have been released on bail by the learned court below. They have also referred to the case of " Milkhi Ram v. State of Rajasthan, 1999 Cr.L.R.(Raj.) 718, to contend that the medical officer has not opined that the injuries ascribed to the present petitioners are sufficient in the ordinary course of nature to cause death and, therefore, the case would not travel beyond the scope of Section 326 IPC. Learned PP has opposed the bail applications. 3. Having carefully considered the aforesaid submission made at the bar, the nature of accusation against them, the materials on record and all other facts and circumstances of the case, I now deem it just and proper to enlarge the petitioners on bail. 4. In the result, both the bail applications are allowed and it is directed that petitioners Man Singh s/o Lallu Ram and Mahesh s/o Shree Chand shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the trial court undertaking to appear before that court on all dates of hearing until conclusion of the trial.Both Bail Applications Allowed. *******