DURGALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of Cr. P. C. by Mr. Liyakat Ali, Advocate on behalf of the applicants in FIR No. 42/2009 of police station Sangod, Kota, in the offences under Sections 302, 147, 148 and 149 of IPC.

(2.) HEARD the learned counsel for the petitioners as also the learned Public prosecutor for the State and perused the material on record.

(3.) LEARNED counsel for the petitioners has canvassed that the land whereupon the alleged incident is alleged to have taken place, has been in their custody for the last 40 years. They have been ploughing and reaping the harvest. It is the complainant party who attacked upon them and there was a free fight as a result of which both the parties, being loggerheads, lodged FIRs against each other. One co-accused Bharosi Bai has already been released on bail by the Coordinate bench and there have been allegations of omnibus nature against the petitioners, hence, they also deserve to be enlarged on bail.