SURAJMAL AND 14 OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these bail-applications are taken together as they arise out of the same FIR bearing No. 257/1992, of Police Station, Lalsot, for offences under Sections 147,148,149,307 and 302 Indian Penal Code.

(2.) The prosecution case is than on 13th Oct., 1992, at 9.00 am when the Complainant parties were grazing cattles, suddenly the accused persons 29 named and some un-known, came armed, out of which 8 persons named in the report who are all accused in Bail-application No. 5197/1992, participated in the quarrel and inflicted injuries on the person of the Complainant parties as a result of which Rewad died. It is evident from the persual of the record that the petitioners in all-application No. 4824/1992, have not been shown to have either armed with specific weapon or even inflicted any injury on any of the person of the Complainant parties. The case of the prosecution involving 8 persons in the case namely Hanuman, Prabhu Singh, Ramsingh, Vishram, Nathu, Babbu and Jagram. Out of them these 8 except Prabhu Singh and Pukhraj, the remaining 6 have moved this bail-application No. 5197/192,I am not inclined to grant indulgence to these persons who have actually participated in beating the Complainant parties resulting in death of one. Hence, the bail-application of accused petitioners namely Hanuman Singh Ramsingh, Voshram, Nathu, Babbu and Jagram, is dismissed.

(3.) Regarding petitioners in Bail-application No. 4824/1992, namely Prahlad, Ranveer, Feli, Devnarayan, Harkesh, Rambhajan, Narayan, Gajji, Shrikishan, Harbanda, Birbal, Bishnya, Bharatilal, and Babul, they are entitled to the indulgence and their bail-application is accepted.