NEMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioners drew my attention to the order dated Jan. 13, 1994, passed by the learned Additional District and Sessions Judge, Neem-ka-Thana, in Bail Application No. 07/94, whereby the co-accused Bhagwandas, Ramniwas and Sheopal were granted bail under section 439, Crimial P.C. In this order, he has categorically mentioned that none of the injuries sustained by the members of the complainant-party was grievous or sufficient in the ordinary course of nature to cause death. He also observed that the accused-persons Sheopal, Bhagwandas and Ramniwas have also sustained injuries in the same incident. Learned counsel also drew my attention to the injuries of Gopiram, Narendra Singh and Jagdish. A look at the injury reports show that none of the injuries was grievous in nature or sufficient in the ordinary course of nature to cause death. Prima facie, it does not appear that the offence under section 307, IPC, is made out. In the facts and circumstances, the petitioners deserve to be given the benefit of S. 438, Crimial P.C.

(2.) It is, therefore, directed that, in the event of arrest of the petitioners - Nemichand s/o. Shri Narain Das and Birdi Chand s/o. Shri Ganga Ram - in FIR NO. 3/94, Police Station, Srimadhopur, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 5,000.00 (Rupees five thousand only) with one surety in the like amount each to the satisfaction of the SHO/IO, PS, Srimadhopur, subject to the following conditions:-