NATHU RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this case, the F.I.R. was filed by Ganpat Ram against the accused Jetha Ram, Himmata Ram, Jeta Ram, Nathu Ram, Manju and Pramudi for the offence under Sec. 302, I.P.C. for having committed murder of Surja Ram. The police filed a charge-sheet against the aforesaid six accused persons. It may be mentioned that as per the allegations of the prosecution, the allegation of causing the fatal blow on the head of the deceased was against Himmata Ram. The other accused persons named in the F.I.R. namely, Jetha Ram, Parmsa @ Parmudi, Manudi and Jeta Ram have been granted bail by this Court from time to time. Since the police did not choose to file charge-sheet against the petitioners, the complainant, after recording statements of 17 witnesses at the trial, filed an application under Sec. 319 for summoning the petitioners in Nov., 2008. The said application filed by the complainant was rejected by the trial Court on 3.12.2008. Against the said rejection, the complainant preferred a revision being S.B. Criminal Revision Petition No. 1319/2008 and the said revision was allowed by this Court on 13.1.2011 and a direction was given on 13.1.2011 to the learned trial Judge to proceed against the present petitioners. In pursuance of the direction of this Court in the revision petition, the learned trial Judge proceeded to summon the petitioners as co- accused persons for the offences under Sections 148, 447, 302 and 149 I.P.C. and issued warrants of arrest against the petitioners. In pursuance of the warrants of arrest issued against the petitioners, the petitioners have been arrested and their bail applications have been rejected by the learned trial Judge by order dated 29.4.2011. Accordingly this bail application has been preferred by the petitioners seeking bail.

(2.) Having considered arguments advanced before this Court and the fact that the principal offender as per the prosecution is the accused Himmata Ram, who has caused the sharp edged injury on the head of the deceased and that other similarly situated accused persons have been granted bail from time to time, it is a fit case wherein the accused persons deserve to be released on bail.

(3.) In this view of the matter, this bail application is allowed and it is directed that applicant(s) Nathu Ram, Manju and Godawari be released on bail in F.I.R. No. 129/2007 at P.S. Ladnu District Nagaur, provided they execute a personal bond for a slue of Rs. 20,000.00 along with two sound and solvent sureties in the sum of Rs. 10,000.00 each of the satisfaction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. Bail application allowed.