JUDGMENT 1. - This bail application under S.439 Cr.P.C. has been filed by the accused petitioners in FIR No. 118/06 registered at Police Station Kavai for the offence under section 302/34 and 379 IPC. 2. Heard learned counsel for the accused petitioner's learned Public Prosecutor for the State and perused the case dairy and other material produced during the course of arguments. 3. It was inter alia, contended that according to the injury report, deceased Ramesh Chand received four injuries of simple nature on his arms and both the knee and the two injuries on the left arm and chest have been described as complaint of pain, but there was no allegation that the accused petitioners have inflicted any injury on his spleen or in that region nor any visible injury was found on that part. It was also contended that according to the postmortem report of the deceased his spleen was enlarged and he died on account of rupture of the enlarged spleen for which the accused-petitioners were not responsible nor in any way this matter can be said to come in the ambit of section 302 or 304 IPC. Learned counsel placed reliance on the judgment rendered in the case of Durgalal & others v. The State of Rajasthan 1978 R.Cr.C. 78. 4. Learned Public Prosecutor opposed the bail application. 5. Without expressing any opinion on the merit, having considered the rival submissions made at the Bar, keeping in view the injury report and also the postmortem report wherein the spleen of the deceased has been shown as enlarged and cause of death was on account of rupture of the enlarged spleen and that no visible injury was found on the spleen or in that region. I deem it proper to enlarge the accused-petitioners on bail. , 6. In the result, the bail application is allowed and it is directed that the accused-petitioners Prabhu Lal son of Nathu Lal and Kanhiya Lal son of Prabhu Lal be released on bail provided each of them furnishes a personal bond in the sum of Rs. 20,000/- together with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court for their appearance before that court on all dates of hearing until conclusion of the trial.Application allowed. *******