GANESH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Crimial P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.85/2016, Police Station Pindwara, Sirohi, for the offence under Sections 302 Penal Code and Sec. 3(2) (v) of SC/ST (Prevention of Atrocities) Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submits that even if the prosecution allegations are accepted to be true on the face of the record, the offence would not travel beyond Sec. 341/323 IPC. As per the admitted prosecution case, the petitioner and the deceased were grappling when the deceased Mohan Lal fell down and received the head injury, which proved fatal. He contends that as investigation is complete and charge -sheet has been filed and since the trial of the case is likely to take a long time, the petitioner deserves to be released on bail.