SHIVRAM @ SHIBBU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for parties. It has been contended by the learned counsel for the petitioner that cross-case has also been registered against the complainant party and in this very incident, mother of the petitioner has also sustained injuries and that the case against the complainant party has been registered for the offence under Sec. 307, Penal Code but none of the complainant party have been arrested. Thus, taking the aid of the aforesaid circumstances, the learned counsel for the petitioner added that similarly, the petitioner should also be released on bail so that he may prepare his defence and look after the progress of the case and health of his mother.

(2.) Learned Public Prosecutor opposed the bail application and submitted that the petitioner caused grievous injuries by a lethal weapon.

(3.) I have considered the points raised by the parties. It has not been disputed that cross case has also been registered under Sec. 307, Penal Code and none of the complainant party have so far been arrested. The accused petitioner is said to have been in Jail for last about one and half months. No useful purpose is likely to be served in case the petitioner remains in jail particularly when the investigation is over and only the challan remains to be filed against the petitioner.