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2007 DIGILAW 1759 (RAJ)

Sushi Kumar v. State of Rajasthan

2007-09-18

RAGHUVENDRA S.RATHORE

body2007
JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor for the State and also perused the material on record. 2. The case of the prosecution is that the injured Munni Devi was inflicted injury by the petitioner as well as one co accused Ghanshyam. A perusal of the injury report shows that there is only one injury on the head of Munni Devi. 3. Without expressing any opinion on the merits of the case and taking into consideration that the petitioner is in custody since 13th of July, 2007 and after completion of the investigation the challan has been filed on 31st of August 2007. When the bail application of co-accused Ghanshyam has considered by a Coordinate Bench of this Court, it was argued on behalf of the prosecution that it is he who inflicted the injury on the head of Munni Devi by lathi which resulted in the paralysis right side of the body. 4. Consequently, the bail application of Ghanshyam was dismissed. 5. Without expressing any opinion on the merits of the case and taking into consideration the aforesaid facts and circumstance, I deem it just and proper to enlarge the accused petitioner on bail under Section 43 Criminal Procedure Code. 6. It is ordered that the accused petitioner Sushil Kumar S/o Shri Ghanshyam in F.I.R. No. 33/2007, Police Station, Mandhan, District Alwar, shall be released provided he furnishes a personal bond of Rs. 20,000/- and two surety bonds of Rs. 10,000 each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.Application allow. *******