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2006 DIGILAW 2331 (RAJ)

Brij Lal v. The State of Rajasthan

2006-07-25

SATYA PRAKASH PATHAK

body2006
JUDGMENT 1. - I have heard learned counsel for the parties and carefully gone through the impugned order. 2. The contention of the learned counsel for the petitioner is that in this case only one injury has been found on the person of deceased i.e., on lumber region. His further contention is that there was no weapon in the hands of the accused petitioner and the case would not traverse beyond Section 323 I.P.C. It has been further submitted that charge sheet has been filed in this case before the trial Court and accused is in jail since long. 3. On the other hand learned Public Prosecutor and learned counsel for complainant opposed the bail application and submit that the manner in which the incident had taken place and injuries caused, it appears that injuries caused by the blows of fists and legs on the stomach and due to beating the spleen has ruptured. 4. After hearing the learned counsel for the parties and taking into consideration the overall facts and circumstances of the present case, in my opinion accused petitioner has been able to make out a case for bail. Therefore, I deem it just and proper to enlarge the accused petitioner on bail. 5. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Brij Lal s/o Bhagwana Ram shall be released on bail in F.I.R. No. 56/2006 P.S. Ratangarh District Churu, provided he executes a personal bond in the sum of Rs. 30,000/- with two sound and solvent sureties in the sum of Rs. 15,000/- each to the satisfaction of learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail application allowed. *******