RATI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This third bail application by the petitioner Rati Ram has been moved after six witnesses have been examined by the Sessions Judge. If has been contended that the eye-witnesses examined so far have either turned hostile or they have attributed this petitioner with a lathi. So far no one has said that this petitioner had a sharp edged weapon by which he inflicted a blow on the leg of the deceased Hans Raj. On this ground it is contented that others, who had lathies have been released on bail and this petitioner should be treated in a similar manner.

(2.) The learned counsel for the complainant has contended that the witnesses examined so far have not differed in any manner from their statements recorded under section 161 Crimial P.C. It was Mst. Bhonti who stated in her statement under section 161 Cr. P.C. that this petitioner regilded sharp edged weapon. So far she has not been examined before the Sessions Judge. The season given is that she was ill. It is also contended that the trial is proceeding on a very fast speed and will be over within a couple of months and the petitioner should not be released on bail.

(3.) I have considered the contentions urged on behalf of both the sides. I have gone through the statements, which have been produced by the learned course 1 for the petitioner. Without expressing any opinion on the merits of the case it may be said that when the witnesses have so far attributed this petitioner with lathi blows of a general nature, he can be given similar facility as other accused placed similarly.