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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT PRINCIPAL SEAT, JODHPUR
ORDER
In
1. S.B. Cr. Misc. Bail Appl. No.3931/2009
{Krishan and Dharam Pal Vs. The
State of Rajasthan}
AND
2. S.B. Cr. Misc. Bail Appl. No.3930/2009
{Dalle Singh Vs. The State of
Rajasthan}
Date of Order ::: 11th August, 2009
PRESENT
HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN
Shri Sandeep Mehta, Counsel for petitioners in
both the applications
Shri Mahipal Vishnoi, PP for the State
Shri S.D. Goswami, Counsel for complainant
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By the Court:
Both the applications arise out of same
F.I.R., therefore, they were argued and heard
together and are being disposed of by this
common order.
Heard learned counsel for petitioners,
learned Public Prosecutor on behalf of the State
and learned counsel for complainant, and perused
the material/case diary made available to me
during the arguments of the case.
It is contended on behalf of the
petitioners that the injury which is said to be
dangerous to life was alleged to have been
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inflicted by accused Krishan as per the F.I.R.
lodged by eye-witness Satveer Singh; whereas the
injured himself alleged that it was inflicted by
accused Jaipal, who has not moved application
for bail before this Court. However, he
contended that at this stage he does not press
the bail application of accused-petitioner
Krishan and the same may be dismissed as such
with liberty to him to file a fresh bail
application after filing of charge-sheet.
In view of the above, the bail application
of petitioner No.1 Krishan in SB Cr. Misc. Bail
Application No.3931/2009, is dismissed as not
pressed at this stage with liberty as prayed
for.
So far as another co-accused-petitioners,
namely, Dharam Pal in SB Cr. Misc. Bail Appl.
No.3931/2009 and Dalle Singh in SB Cr. Misc.
Bail Appl. No.3930/2009, are concerned, I find
their case distinguishable, and, after
considering the submissions of learned counsel
for the parties, examining the record and the
facts and circumstances of the case, but without
expressing any opinion on its merits and
demerits, I allow their bail applications under
Section 439, Cr.P.C.
Hence, it is directed that accused-
petitioner No.2 Dharam Pal (Bail Application
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No.3931/2009) S/o Sohan Lal, Resident of
Sardarpura Bass, Tehsil Bhadra, District
Hanumangarh (presently lodged at Sub Jail,
Bhadra) and accused-petitioner Dalle Singh S/o
Ramji Lal, Resident of Sardarpura Bass, Tehsil
Bhadra, District Hanumangarh (presently lodged
at Sub Jail Bhadra) be released on bail under
Section 439 Cr.P.C., in F.I.R. No.144/2009,
registered at Police Station Bhirani, District
Hanumangarh, under Sections 307, 323 and 341 of
the IPC, provided each of them furnishes a
personal bond in the sum of Rs.25,000/- (Rupees
twenty five thousand only) together with one
surety of the like amount to the satisfaction of
the trial court for their appearance on all
subsequent dates of hearing and as and when
called upon to do so.
Both the bail application stands disposed
of. A copy of this order be placed in connected
file also.
(NARENDRA KUMAR JAIN), J.
//Jaiman//