MAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is second bail application filed by the accused on the ground that some prosecution witnesses have been examined. The earlier bail application of the accused was dismissed by this court on 6.9.2011. It has been argued by the counsel for the petitioner that in respect of the fatal injury sustained by the deceased, allegations have been levelled against the persons more than one. Further he has submitted and invited attention of this court to the statement of the material witnesses including the medical jurist.

(2.) IT is to be noted that earlier when the bail application (5472/2011) of co -accused Tejveer @ Gutta was considered and decided by the co -ordinate bench of this court on 13.6.2011, following observations were made:

(3.) IN view of above and taking into consideration over all facts and circumstances of the case where all the accused except the petitioner Man Singh have been enlarged on bail, from time to time primarily on the ground that they had not inflicted the fatal injury but it was the present accused Man Singh who had done so. Without going into the merits of the said issue, this court is of the view that the fact remains that the deceased had sustained an injury on the head which was the cause of death and according to the prosecution case the present petitioner was amongst one who had caused the injury on the head. Consequently, this second bail application is dismissed. However, the learned trial court is directed to expedite the trial and to conclude the same preferably within a period of six months. A copy of this order be sent to the trial court.