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2008 DIGILAW 595 (RAJ)

Madan v. State of Rajasthan

2008-02-26

S.P.PATHAK

body2008
JUDGMENT 1. - The contention of the learned counsel for the accused petitioners is that in the instant case, in relation to the same incident F.I.R. No. 34/2008 was lodged by the accused party in the Police Station Pragpura, District Jaipur for the offences under Sections 143, 341, 323, 336 I.P.C. It is also contended that it is correct that incident has taken place but fact of the matter is that the complainant party first assaulted Smt. Chawali Devi wife of Shimbhu Dhobi while she was coming back to her house on 26.01.2008 and when the accused party came to know that she was stopped by the complainant side and was being beaten as such the accused party reached at the spot and tried to save Smt. Chawali Devi and at that time the incident took place. It is further contended that accused party also sustained grevious injuries and many of them suffered several injuries. Learned counsel for the accused-petitioners has contended that as far as the present accused-petitioners Madan, Gokul and Prakash are concerned, they have not been assigned any specific role in relation to incident. It is contended that offence allegedly to be under Section 308 I.P.C. which is not made out. 2. The learned PR has opposed the application. 3. I have carefully considered the submissions made before me and perused the impugned order. 4. After taking into consideration the submissions made before me and the fact that from both sides, against each other the matter was reported to the police and both sides received injuries and without expressing any opinion on the merits of the case, I deem it proper to allow the application for bail moved by the accused-petitioners under Section 439 Cr.PC.In the result, the bail application is allowed and it is hereby directed that accused-petitioners (1). Madan S/o Banshi; (2) Gokul S/o Shimbhu Dayal and (3) Prakash S/o Shimbhu Dayal shall be released on bail in FIR No. 35/2008 of P.S. Pragpura District Jaipur provided that each of them furnishes a personal bond in the sum of Rs. 30,000/- along with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the concerned Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till conclusion of the trial.Bail allowed. *******