PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shri Rathore has handed over the challan papers to the learned Public Prosecutor. Arguments have been heard.

(2.) The main argument of the learned counsel for the petitioner is that the only evidence available against the accused-petitioner is of having a fight with the deceased at a liquor shop. He submitted that there is no allegation against the accused petitioner of having intentionally caused injury on the person of the deceased. Shri Rathore pointed out from the postmortem report of the deceased that it is revealed that the deceased was in the habit of consuming alcohol and the fight between the deceased and the accused- petitioner is also said to have taken place at liquor shop.

(3.) Learned Public Prosecutor submitted that it is a case of having committed an offence under Sec. 302, I.P.C. and, therefore, the Court must not enlarge the accused-petitioner on bail.