KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a second application for bail on behalf of Kishan Singh, against whom a challan for offences under sec. 302, 307 read with sec. 34, I. P. C. etc. has been filed. Earlier, an application for bail on his behalf along with co-accused Laxmansingh was moved. Pending that application, the accused had been discharged by order dated 29. 3. 86, as no application for judicial custody had been moved and the case diary had not been produced before the learned Magistrate on the relevant date and, therefore, that application for bail was got dismissed on 7. 4. 86 as having become infructuous. Thereafter, a challan has been put up against accused Kishan Singh, who has not been taken into custody, but the other accused Laxmansingh has not yet been arrested. A fresh application has, therefore, been filed on behalf of Kishan Singh. His application for bail moved before the learned Addl. Sessions Judge, Rajsamand was dismissed by order dated 2. 7. 87.

(2.) I have heard learned counsel for the petitioner and the learned Public Prosecutor and have gone through the diary. The two accused persons are said to have given beating to Jawansingh and Gopalsingh with lathis and fiste, Gopalsingh succumbed to his injuries. Kishansingh is said to be about 20 years of age. After his discharge by order dated 29. 3. 86, nothing has been alleged to show that he has indulged in any offence, or has tried to interfere with the evidence in this case. It is also urged by the learned counsel for the peti-tioner that there had been a dispute regarding the land between the parties and the opposite party had been threatening the accused and the members of their family in respect of which they had filed an application under sec. 18, Cr. P. C. Despite that, the mother of the petitioner is said to have been murdered. Looking to all these circumstances, I am inclined to grant bail to the petitioner.