MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under S. 439 Crimial P.C. One Rajendra Kumar lodged a report at police station, Mandawar on 16-6-90 alleging that at 10.00 in the night while his uncle Bane Singh was sitting outside J. K. Factory he was attacked by Mangilal, Madanlal, Vijay Singh, Nand Singh, Amar Singh, Ramesh and Arjun Pehalvan. They all were armed with various weapons of offence. Rajendra Kumar who was sitting with his uncle was given a sword blow on his right shoulder by Mangilal, Amar Singh gave a knife blow on the chest of Bane Singh, Nand Singh a knife blow on the back of Bane Singh and the other accused threw stones. Bane Singh was immediately admitted to the hospital and the learned Judicial Magistrate recorded his dying declaration. He corroborated the story given by Rajendra Kumar in the F.I.R. Bane Singh scummed to the injuries and the case was converted into one under S. 302 IPC. After investigation charge-sheet has been submitted in the case. Some of the accused in the case have been arrested and their bail was granted under S. 439 Crimial P.C.

(2.) I have perused the case diary. The name of this accused-petitioner Mangilal appears in the F. I. R. and he has been shown as an assailant of Rajendra Singh. In dying declaration recorded by the Magistrate deceased has stated that Mangilal inflicted a Dhariya blow on his person which injury in F. I. R. has been attributed to Nand Singh. Nand Singh has been granted bail under S. 439 Crimial P.C. by Honourable N.L. Tibrewal J. vide his order, dated 21-8-90. This accused has also caused injuries report of Rajendra Kumar, but the injury report of Rajendra Kumar has not been produced before me by the prosecution. I have gone through the diary cover to cover and it does not have a copy of the injury report of injured Rajendra Kumar. In this view of the matter I am unable to verify as to what is nature of injury sustained by Rajendra Kumar. Time was granted to the prosecution from 27-8-90 onwards to produce the case diary and if the case diary comes so incomplete that it does not even have the copy of the injury report of Rajendra Kumar, then court has no option but to consider the case of the petitioner at par with that of Nand Singh.

(3.) For the reasons stated above, I allow this application and direct that the accused-petitioner Mangilal shall be released on bail provided he furnishes a personal bond in the sum of Rs. 5000.00 with one surety in the like amount to the satisfaction of the trial court for his appearance before the said court or any other court as and when called upon to do so. Bail granted.