KISHNI ALIAS KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH bail applications arise out of same FIR No.207/2005, Police Station Kumher, District Bharatpur, therefore they are being decided by this common order. Heard learned counsel for petitioners as well as learned Public Prosecutor and perused material made available to me during course of arguments. Contention of learned counsel for petitioners is that petitioners have been made accused with aid of Section 149 IPC only when the prosecution filed application under Section 319 Cr.P.C. and that on the statement of solitary witness, namely, PW-1 Megh Singh. It is contended that in this application prosecution did not file any challan against petitioners. Challan was filed only against five accused persons. One of the accused person died and remaining nine were convicted with the aid of Section 302/149 IPC. Except those four who were assigned specific injuries on the person of deceased, sentence of six accused has been suspended by the court. Though the prosecution originally kept the investigation pending against accused-petitioners under Section 173 (8) of the Cr.P.C. but in application filed under Section 319 Cr.P.C. it wrongly stated that the petitioners were absconding therefore the investigation was kept pending. Even as per evidence recorded during trial of co-accused, there is no evidence of the fact that any of the accused-petitioners caused any injury on the person of deceased Nawal Singh. Only two injured, namely, Madan and Megh Singh sustained grievous injuries. While Madan sustained fracture on left forearm, Megh Singh sustained fracture in ulna of right hand and forearm. Those injuries are also not attributed to any of the accused-petitioners.

(2.) PETITIONERS are in jail for last almost four months. Trial may take a long. Case is of over implication/false implication. There are no previous cases registered against petitioners.