JEEVAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor for the State and perused the material on record.

(2.) Learned counsel for petitioner read the statements of three eye witnesses which have been recorded by the learned trial court so far. He further submitted that the witness, namely, Sang Singh, who is the son of the deceased, Tejmal, has stated before the trial court that accused-petitioner Jeevan Singh had "Barchi" in his hand, however, the postmortem report does not show any injury caused by sharp weapon. He further submitted that as per postmortem report, the injuries were in the nature bruises as various parts of the body and since the other co-accused who were also said to be armed with 'Lathies' have already been enlarged on bail this Court under Sec. 439 Criminal Procedure Code He, therefore, prayed that the petitioner is also entitled to be granted indulgence of bail.

(3.) Learned Public Prosecutor has opposed the bail application and submitted that statements of eye witnesses have S.B. Cri. Misc. 2nd Bail Application No.7078/2011 Jeevan Singh Vs. State of Rajasthan Order dated 11/10/2011 2/2 been recorded even though some more statements are yet to be recorded. He submitted that the petitioner is under trial for such offence under Sections 302, 147, 148, 449, 325 and 323 read with 149 of Indian Penal Code.