MOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This third bail application under section 439 Cr. P.C. has been filed by accused petitioners Mohar Singh and Taj Singh in FIR No. 207 / 2005 registered at Police Station Kumher, District Bharatpur for the offence under sections 147, 148, 447, 323, 307 & 302 IPC in which after investigation police has filed the charge-sheet and trial has commenced.

(2.) Heard learned counsel for accused petitioners as well as complainant, learned Public Prosecutor for the State and perused the case diary and other material produced during the course of arguments.

(3.) It is contended on behalf of the accused petitioners that they have falsely been implicated in this matter, the accused petitioner Mohar Singh is an old man of 71 years of age and it is not alleged that he inflicted any blow on the deceased. It is also submitted that Taj Singh has also not been assigned any fatal blow to the deceased. It is further submitted that the trial in this matter has been held up since two revision petitions have been filed by other co-accused against whom cognizance has already been taken and they have been summoned by invoking the provisions of section 319 Cr. P.C.