NAZAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Consistent case of the prosecution according to the statement of the eye witnesses is that Balveer Singh is the author of the injuries by sharp edged weapon. Witnesses also attribute injuries from back side of kasia to Azar Singh, Karnail Singh, Bagga Singh and Tara Singh. For the reasons best known to the Investigating Officer that he has not found the involvement of Tara Singh and Karnail Singh as is apparent from the charge-sheet submitted. To specific reasons have been assigned to distinguish the case of Nazar Singh with that of aforesaid two persons. In the charge-sheet submitted except recovery of weapon of offence from the accused Nazar Singh his case is clearly distinguishable with that of Balveersingh to whom fatal blows have been attributed and is more akin to the case of accused persons already given up by the investigation. In these circumstances I am inclined to grant bail Under section 439 Cr. P.C. to the accused petitioner.

(2.) It is, therefore, ordered that accused petitioner Nazar Singh be released on bail provided be furnishes a personal bond in the sum of Rs. 10,000.00 (Rupees ten thousand) with two sureties in the amount of Rs. 5.000.00 each to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case. Bail granted.