BAKSHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The legality, correctness and propriety of the order 10/5/2023 passed by the learned Additional Sessions Judge, Gangapur, District Bhilwara in Criminal Misc. Case No.129/2022 has been challenged by the petitioners by way of filing the instant criminal revision petition.

(2.) Bereft of elaborated details succinctly stated the facts necessary for disposal of the case are that for an incident took place on 16/9/2021, the rival parties lodged separate FIRs Nos.205/2021 and 208/2021 at the Police Station Raipur, District Bhilwara. The manner of incident, cause of action and place of incident though have been shown different but the time and the parties in both the cases are same. The petitioners were made accused in FIR No.205/2021 registered at the Police Station Raipur, District Bhilwara for the offences under Ss. 341, 323, and 34 of the IPC. The sum and substance of the aforementioned FIR would be that the first informant Banshi Lal alleged that the accused-petitioners mowed down the standing crop at his agricultural field upon which when his son went to rebuke the accused, he was beaten up. When the first informant Banshi Lal tried to rescue his son, he was also bashed up as a consequence of which, he received grievous injury on his hand. After registration of both the cases, the investigation commenced and during the course of investigation, the petitioners were released on bail by taking resort of Sec. 436 of the Cr.P.C. since the offences were bailable. In the case alleged at the instance of the accused-petitioners, the rival party was chargesheeted for the offence under Ss. 323, 341, 336 and 325/34 of the IPC. In the case lodged against the petitioners, when the investigation was underway, the first informant Banshi Lal passed away on 29/9/2021. It has been stated that the injuries received by the him were responsible for his death and, therefore, Sec. 304 of the IPC was also added.

(3.) It is true that the petitioners were given the benefit of bail on account of the fact that at the relevant point of time the offences were bailable but at the same time, this cannot be lost site that since September 2021 the petitioners are on bail and thereafter, not a single instance has been reported whether by any witness or the victim made a complaint regarding misuse of liberty so granted to them. Even till day, the complainant/victim have not approached this Court for cancellation of order granting bail to the accused.