The court discussed the scope of Section 439(1), CrPC and the factors to be considered while granting bail. The court held that even if there is a prima facie case of commission of offenses, the court may still grant bail if there is no apprehension of the accused fleeing from justice, tampering with evidence, or repeating the offenses.

A.S. Godara, J.-This bail petition has been filed Under Section. 439, CrPC by the accused petitioners in Sessions Case No. 3 6/96 pending trial in the Court of Additional Sessions Judge, Bali, after similarly presented application having been dismissed by the Chief Judicial Magistrate, Pali while exercising powers of Addl. Sessions Judge, Bali, in absence of the Presiding Officer on 15-4-1997.

2. Briefly stated the prosecution case against the accused-petitioners is as follows:-Umesh Singh is the younger brother of Dr. Bhanwar Singh (deceased) and belongs to the village Mada. He lodged a report before the S.H.O. of P.S. Sadari on 16-3-87 alleging therein that the dead body of Dr. Bhanwar Singh who was married to Smt. Shobha, sister of accused-Prithvi Raj and Chan Shyam, sons of Rawat Singh resident of village Basant, was brought to their village Mada by their brother-in-law Sajjan Singh from Jaipur on 16-3-1987 at 2 a.m. The said accused Prithvi Raj accompanied the dead body from Jaipur to Sandcrao. Prithvi Raj accused had given beatings to Dr. Bhanwar Singh on earlier occasions and also threatened him. It was alleged that they suspected that the accused petitioners with the aid and collusion of one Kesar Singh, Upsarpanch and 6-7 marathas, as hirelings, assaulted Dr. Bhanwar Singh fatally in the early night of 6-3-87 in a room situated at the farm house (at well) of Rawat Singh in the village Mada who died of a head injury. Since the village Bassnt falls within the territorial jurisdiction of P.S. Takhatgarh and so this report was forwarded to the latter Police Station whereat FIR No. 18/87 Under Sub-section 147, 148, 149, 302, IPC was registered and investigation commenced.

3. After investigation, a Final Report (negative) was filed concluding that Dr. Bhanwar Singh died because of accident injury, in the Court of Munsif & Judicial Magistrate, Sumerpur.

4. Thecomplainant Umesh Singh lodged a protest petition against the same and hence the learned Magistrate ordered the Dy. I.G.P. Jodhpur Range to entrust investigation to some Senior Officer and hence Dy. S. P.,

C.I.D. (CB), Jodhpur carried out further investigation resulting in submission of another Final Report (negative) concluding that the deceased being in a state of drunkenness fell down on the stair-case of the bath-room of the guest house resulting in the head injury which proved fatal and this again enabled the complainant to lodge yet another protest petition requesting for issuance of desired directions for further investigation on the points raised therein but the same did not find favour with the Munsif & Judicial Magistrate, Sumerpur. However, it was on 14-2-90 that the Munsif & Judicial Magistrate, Sumerpur took cognizance of offences Under Section 364, 302 and 120-B, IPC against the accused-petitioners, ordering for securing their presence by warrants of arrests.

5. Theaccused persons filed Criminal Miscellaneous Petitions Under Section 482, CrPC for quashing of the order dated 14-3-90 before this Court which were decided by Hon’ble Mr. S.C. Mittal, J. on 10-4-96 thereby rejecting the petitions, simultaneously, inter alia, ordering for summoning of the accused by issuance of bailable warrants.

6. Consequently, on appearance in the Court of the Munsif & Judicial Magistrate, Sumerpur, the accused were bailed out on 3-6-96. The complainant filed an application on 12-7-96 that the accused persons be taken into police custody on the ground that the High Court never intended and purported to have granted regular bail under the aforesaid order. This prayer being turned down vide order dated 12-7-96, along with order dated 3-6-1996, was challenged in this Court in S.B. Cr. Miscellaneous Petitions Nos. 563/96 and 782/96 which were decided on 20-3-1997 by Hon’ble Mr. Mittal, J. thereby quashing the orders dated 3-6-96 and 12-7-96 passed by the C.J. (JD) & J.M. Sumerpur and allowing the accused-petitioners time to enable them to appear in the trial Court (Addl.