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2007 DIGILAW 1782 (RAJ)

Hariya @ Hari Singh v. The State of Rajasthan

2007-09-19

RAGHUVENDRA S.RATHORE

body2007
JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor for State and also perused the material on record. 2. Learned counsel for the petitioner has submitted that there is no overt act assigned to the petitioner for causing fatal injury to the deceased. He has further submitted that the main allegation of causing fire arm injury to the deceased Ramveer is against co-accused Vibhuti @ Raj Bahadur and Ram Varan. He has also submitted that the petitioner was arrested on 17.03.2007 and the challan has come to be filed on 30.03.2007. According to the learned counsel for the petitioner the trial against the co-accused has been concluded vide Judgment dated 12.09.2003. Thereafter, an appeal against the aforementioned judgment has been filed before this Court as D.B. Cr. Appeal No. 1323/ 2003 and the record of the trial Court has been summoned in the said appeal. Learned counsel for the petitioner, therefore, has submitted that the trial in this case is likely to take some time. 3. Learned Public Prosecutor has opposed the bail application and submitted that the petitioner remained absconded for all this time. 4. Taking into consideration the over all facts and circumstances of the case and as per the prosecution version, the author of the fatal injuries caused to the deceased Ramveer are co-accused Vibhuti @ Raj Bahadur and Ram Varan who are said to have used fire arms. The allegation made against the petitioner is that he was armed with lathi. 5. Taking into consideration the fact that the petitioner is in custody, investigation has been concluded and the trial in the case is likely to take some time, I deem it just and proper to enlarge the accused petitioner on bail under Section 439 Cr.P.C. 6. It is ordered that the accused petitioner Hariya @ Hari Singh S/o Sobran in FIR No.57/2000, Police Station, Bassaidang, District, Dholpur, shall be released on bail; provided he furnishes a personal bond of Rs.50,000 and two surety bonds of Rs.25,000/ - 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.Bail allowed. *******