ASHWANI KUMAR BHARDWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This is second bail application moved under Section 439, Cr.P.C. on behalf of the accused-petitioner in FIR No. 123/93 registered at the Police Station of Nimbahera and, after investigation of the same, finally, so far as the present petitioner is concerned, a charge sheet under Section 173(2), Cr.P.C. having been filed in the court of Addl. Chief Judicial Magistrate, Nimbahera under Sections 120B read with Sections 302 and 201, I.P.C. after similar application was, lastly, rejected by the learned Addl. Sessions Judge, Nimbahera vide its order dated 21-4-1997, after the previous similar application was disposed of by this Court on 6-2-1997 (S.B. Cr. Misc. Bail Petition No. 165/97).

(2.) Briefly stated, the relevant facts for the disposal of the present petition, since detailed facts are already borne out of the order dated 6-2-1997, are that the said FIR was initially registered on the report of Bhan Singh, A.S.I. of Police Station, Nimbahera under Sections 279 and 338, I.P.C. and, subsequent thereto, on the death of Harish Agarwal, under Section 304-A, resulting in, after full investigation, submission of a charge sheet under Section 279, 337, 338 and 304-A, I.P.C. in the court of Addl. Chief Judicial Magistrate against Inderjeet Singh and Daljeet Singh who was driving the jeep No. MP14A-7413 on the night intervening 2nd and 3rd March, 1993 resulting in a road accident with a stationary truck No. MPO-2842 as a result of rash and negligent driving by the driver.

(3.) The case so taken cognizance of and registered against Inderjeet Singh, lastly, stood closed on 2-12-1996 thereby acquitting Inderjeet Singh of the aforesaid offences.