JAGRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. It is contended by learned counsel for the petitioners that there is no injury which may be consi-dered as dangerous to life. It is further submitted that a cross case of the same incident has been lodged by the petitioners and 5 persons out of the accused party have suffered injury by sharp edged weapons and blunt weapons on vital part. It has been further submitted that cases u/s 107 Cr. P. C. are pending in the criminal court and civil suit between the parties are also pending. Learned Public Prosecutor was unable to show any injury which may have been described by the Doctor as dangerous to life. Learned counsel for the complainant on the other hand has submitted that the petitioner Raghuveer has caused grievous injury by sharp edged weapon to Basanta.

(2.) WITHOUT expressing any opinion on the merits of the case and looking into the facts and circumstances of the case, the application u/s 438 Cr. P. C. is allowed and it is directed that in the event of arrest of the petitioner Jagra s/o Ami Chand and Raghuveer s/o Jhuntha in F. I. R. No. 70/87 of Police Station Kotkasim, Distt. Alwar, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the Investigating Officer, on the following conditions:- 1. that they shall make themselves available for interrogation as and when required; 2. that they shall not temper the witnesses who may be conversant with the facts of the case; 3. that they shall not leave India without prior permission. .