RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE matter comes up for orders in view of the application sent by the appellant from jail for grant of parole.

(2.) THE first bail application of the petitioner has already been rejected by this Court by order dated 9-3-1983. In the meantime, the learned counsel for the petitioner appellant had moved an application for either directing some body to inspect the site or to re-call and re-examine PW 6 Sahab Ram directing him to prepare the site plan afresh showing the distance between the house of the prosecution witness Chandu Ram and the place of the incident. On this application, it was directed that it will be taken into consideration at the time of hearing of the appeal. In order to appreciate the application of the petitioner for grant of parole, we have cursorily looked into matter on merits. We are of the opinion that it will be in the interest of justice to re-call PW 6 Sahab Ram after directing him to prepare a site plan showing the location of the house of PW 1 Chandu Ram and indicating the distance between that house and the place of occurrence. Since this may take some time and since the petitioner's mother is said to require eye operation, we deem it proper to grant parole to the petitioner for this purpose.