RAMPHOOL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In an incident, which took place on 1-10-1991 two cross reports were registered at police station Ravanjna Doongar Distt. ,Sawai Madhopur. As per the prosecution case, as given-out in the report, the incident took place on the chabootra of the temple where it is alleged that the members of the accused party assaulted and snatched chain etc., while as per the ease of the accused party, the incident look place in their field where the members of the Complainant party assaulted to them causing injuries to as many as 6-7 persons.

(2.) I have seen the case diary and perused the site plan which has been prepared by the Investigating Officer, in the case against (he accused-persons. From the said site plan, it does not appear that the incident took place on the chabootra of the temple as alleged by the Complainant party in his report.

(3.) After taking into consideration the number of injuries sustained by the members of the accused-party and the place of incident, I am of the view that the interim order passed by this Court in favour of the petitioner on Dec. 20..1.1991 be made absolute and he should be given the benefit of pre-arrest bail under section-438 Criminal Procedure Code.