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Rajasthan High Court · body

2013 DIGILAW 2159 (RAJ)

Begaram v. State

2013-12-03

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - Present application has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.246/ 2013, registered at Police Station, Govindgarh, District Jaipur, for offences punishable under Sections 143,148,149,323,341 and 302 IPC. 2. The learned counsel appearing for the petitioner has submitted that in the FIR it is alleged that the petitioner, along with Tejaram, Rajkumar, Rameshwar, Ranjeet, Moolchand, Vinod, Nanchi Devi, Prabhati Devi and Sarju Devi came and caused injuries to the father of the complainant, Roodaram. In the FIR, no specific role has been assigned to the present petitioner. However, in the statement of eye-witness, Jhabarmal recorded under Section 161 Cr.P.C., it is stated that other accused, who were armed with Sariya and lathies had caused injuries, whereas when the deceased was lying fallen the petitioner and Tejaram had given kick blows. In the postmortem report, there are five injuries on the person of the deceased. 3. Counsel appearing for the petitioner has further submitted that the petitioner is an aged man of eighty-five years and without assigning any specific role in the FIR, he has been unnecessarily dragged into the litigation by widening the net. 4. Considering the old age of the petitioner and the fact that the petitioner was not armed with any weapon and was empty handed, this court is of the view further detention of the present petitioner, as an under trial, is not warranted. 5. Consequently, the present application is accepted and the petitioner is ordered to be released on bail, during the pendency of the trial, to the satisfaction of the trial court. *******