PANNA LAL SARGADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 433/2018 of Police Station Kotwali Banswara, District Banswara for the offences punishable under Ss. 302, 120-B read with Sec. 34 IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the allegation against the petitioner of hatching criminal conspiracy with the other co-accused persons to kill the deceased persons is false. It is submitted that as a matter of fact the petitioner met with an accident in the night of 31/8/2018 and received injuries and on account of that he was admitted in Government Hospital, Banswara and later on, in the morning i.e. 1/9/2018, the other co-accused persons attacked the deceased persons with the deadly weapons which resulted into death of three persons. Learned counsel for the petitioner has submitted that the allegations against the petitioner to the effect that he hatched the criminal conspiracy with the other co-accused persons and instructed them to kill the deceased persons are absolutely false. It is argued that the petitioner was in hospital and not in a position to even move and he had no knowledge that the co accused persons had any plan to kill the deceased persons. Learned counsel for the petitioner has also submitted that the eye witnesses of the incident have not named the petitioner. It is submitted that the charge-sheet has been filed and the trial of the case will take time.