BRIJESH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant application has been preferred under section 438 of the Code of Criminal Procedure, 1973 for grant of prearrest bail to the petitioner in a case arising out of First Information Report bearing No.03/2013, registered at Police Station, Diholi, District Dholpur for offences punishable under Sections 148, 323, 341 and 307 I.P.C.

(2.) The learned counsel appearing for the petitioners has submitted that vide order 13.03.2014 the petitioners have been summoned to stand trial as additional accused after the Court below had invoked Section 319 Cr.P.C. for offence under Sections 323, 341 and 307 I.P.C.

(3.) Considering the fact that the Investigating Agency had sent the petitioners for trial having found them innocent, and petitioners have been summoned to stand trial as additional accused by the trial Court after invoking Section 319 Cr.P.C., this Court is of the view that sending the petitioners behind the bars will serve no useful purpose.