DAULAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE case diary has not been received inspite of two opportunities and directions in two cases. I have gone through the case with the assistance of papers which are in possession of the learned counsel for the accused petitioners Two injuries by sharp weapon received by Ram Lal are on the arms and not on the vital part. Other injuries are abrasions, bruises and one lacerated wound on the parietal region. Three persons on the side of the accused have received injuries out of which some are grievous. According to the learned counsel for the accused petitioners the incident has occurred because some of the petitioners, being of a particular caste did not support the candidate who stood for the post of panch and was of the same caste. It has also been pointed out that two petitioners namely Daulat Ram and Bhagirath are Government servants and for this reason they have been involved in the case. At this stage I cannot express any opinion on the merits of the case but considering the nature of the injuries to Ram Lal and the other circumstances which have been stated above, the petitioners can be released on anticipatory bail with appropriate conditions.

(2.) THE SHO/arresting Officer, Investigating Officer, P. S. Nechwa, in FIR No 33 of 1988 is, therefore, directed that in the event of arrest of petitioner's they be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 2,000/- with the one surety in the like amount to his satisfaction on the following conditions. (a) that the petitioners shall make themselves available for interrogation by a police officer as and when required, (b) that the petitioners shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police (c) that the petitioners shall not leave India without the previous permission of the court, and (d) that the petitioners shall not mis-use the name of Hanuman, who is the elected Sarpanch. .