POKAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted.

(2.) Unusual though it may appear to be, under a compelling necessity in the interest of justice, we would depart from the ordinary response of this Court to matters involving bail. Ordinarily, this Court is loath to interfere with the orders granting or refusing bail but it cannot be an insurmountable obstacle in the way of rectifying an order which tends to disclose miscarriage of justice.

(3.) An incident occurred on August, 23, 1983 in which one Bhanwaria, son of the present appellant received fatal injuries resulting in his death. An information was lodged with the Police Station, Khedapa, District Jodhpur, Rajasthan State about the occurrence on August 24, 1983 around 11.30 A.M. At that time, Bhanwaria was alive and the offence was registered under Ss. 307, 447 read with S. 149 And under Ss. 148, 379 and 327 of the Penal Code. When the hospital authority sent the message that Bhanwaria, the victim of assault, who was admitted in the hospital for treatment has succumbed to his injuries, the Investigating Officer also added an offence under S. 302 IPC. Soon thereafter on Sept. 29, 1983, the second respondent Chandan Singh s/o Shri Ranjit Singh ('respondent' for short) appeared before the learned Sessions Judge, Jodhpur and moved an application under S. 438, Cr. P.C., for granting him anticipatory bail. The Public Prosecutor appearing for the State opposed the application for grant of anticipatory bail. The learned Judge by his order dated Sept. 30, 1983 accepted the application and granted anticipatory bail to the respondent observing that the dispute is with regard to the right to cultivate a certain field from which when deceased Bhanwaria was coming out, the respondent fired at him and caused the injuries which proved fatal. The learned Judge further observed that keeping in view some decisions referred to by him, he was of the opinion that the application for anticipatory bail should be granted. The learned Judge then ordered that if the accused is taken into custody by the police, he must be released on bail on his furnishing security in the amount of Rs. 5,000/- on condition that he will assist in investigation and will not interfere in the investigation and will not go out of India.'