MAHENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These applications for bail under Sec. 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.110/2021 registered at Police Station Bhawanda, District Nagaur, for offences under Ss. 147, 148, 149, 323, 342, 364, 302, 458 and 120-B of IPC. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioners submitted that from the perusal of the post-mortem report of the deceased dtd. 12/10/2021, issued by a civil hospital, Ahmedabad, it is apparent that the cause of death was cardiac respiratory failure due to injuries on the body and its complications. Learned counsel submitted that though the deceased in his statements dtd. 2/10/2021 has not specified the injuries caused by the accused persons namely Mahipal, Mahendra and Suresh but from the perusal of FIR and the statement of the eye witnesses recorded under Sec. 161 Cr.P.C., it is evident that the allegation of inflicting head injuries upon deceased from an iron rod has been levelled against co-accused-Suresh. Learned counsel vehemently submitted that since the head injury has not been attributed to the present petitioners, the benefit of bail may be extended to them. Learned counsel lastly submitted that a co-ordinate bench of this Court vide order dtd. 1/12/2022, has already enlarged co-accused-Surendra @ Chhela Ram S/o Shri Om Prakash (in S.B. CRLMB No.9500/2022), Shivkaran @ Siyaram S/o Harsukh Ram vide order dtd. 24/11/2022 (in S.B. CRLMB No.14952/2022), Shobha vide order dtd. 17/11/2022 (in S.B. CRLMB No.14361/2022), Mahendra vide order dtd. 13/7/2022 (in S.B. CRLMB No.6886/2022) and Sohan Lal and Anr. vide order dtd. 17/2/2022 (in S.B. CRLMB No.1356/2022) on bail. Learned counsel thus implored the Court to accept the bail application.

(3.) Per contra, learned Public Prosecutor opposed the bail applications and submitted that the petitioners in a pre-planned manner brutally assaulted the deceased with iron rods and lathis. Learned Public Prosecutor submitted that the post-mortem report is indicative of the fact that the cause of death is the injuries caused by the petitioners on the body of the deceased and its complications. Learned Public Prosecutor submitted that looking to the seriousness of the offence committed by the petitioners, they do not deserve to be enlarged on bail. Heard.