IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. Criminal Misc. IInd Bail Application No. 2115/2010
Rajendra Singh @ Sattu vs. State of Rajasthan
Date of Order :: 26th February, 2010
HON’BLE MR. JUSTICE MAHESH BHAGWATI
Mr. Liyakat Ali, counsel for the petitioner.
Mr. G.S. Fauzdar, Public Prosecutor for the State.
This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Shri Liyakat Ali, Advocate on behalf of the petitioner pertaining to F.I.R. No. 108/2009 of police station Raily Colony, District Kota City in the offences under Sections 341, 323, 307, 325 and 34 of IPC.
2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.
3. Learned counsel for the petitioner has canvassed that injury caused on the fronto-parietal region of injured Madan Mohan has been ascribed to the petitioner, but the same, after X-ray, has been found to be simple in nature. Earlier it was wrongly submitted by the learned PP appearing for the State that this injury was grievous in nature as per report of medical jurist. Learned counsel for the petitioner took me through the X-ray report and reiterated that this injury was, on X-ray, found to be simple in nature. Rest of the accused persons who have been ascribed to cause grievous injury on injured Ramesh have been bailed out by this Court. Hence, under the changed fact situation, the petitioner may also be granted indulgence of bail.
4. Learned Public Prosecutor appearing for the State has fairly conceded that the injury caused on the fronto-paritel region of Madan Mohan has been ascribed to the petitioner, but the same has been described to be simple in nature after X-ray.
5. Having considered the submissions made at the bar and perused the relevant material available on record including the X-ray report of injured Madan Mohan on record, I, without expressing any opinion on the merits of the case, but keeping in view the nature of injury as also under the changed fact situation, do feel inclined to grant indulgence of bail to the petitioner and his second bail application deserves to be allowed.
6. It is, therefore, ordered that the accused petitioner Rajendra Singh @ Sattu S/o Ramnarayan in F.I.R. No. 108/2009 of police station Raily Colony, District Kota City, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) together with two surety bonds each of Rs.25,000/- (Rs. Twenty Five Thousand) to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so till the trial is concluded.
(MAHESH BHAGWATI), J.
DK/-