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2012 Supreme(Raj) 1514

SANDEEP MEHTA
Daul Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Suresh Kumbhat, Advocate.
For the Respondent: Rajlaxmi, Public Prosecutor.

JUDGMENT

1. - Heard learned counsel for the petitioners and the learned Public Prosecutor and also perused the challan papers.

2. The instant bail application under Section 439 Cr.P.C. has been filed on behalf of the petitioners, arrested in connection with the F.I.R. No. 138/2011 registered at Police Station, Bagdi Nagar, Distt. Pali, for the offences under Sections 148, 302, 302/149, 307, 307/149, 323, 323/149 I.P.C.

3. Learned counsel appearing on behalf of the petitioners submits that the solitary injury on the head of deceased Devi Singh, which resulted into his death, is attributed to co-accused Laxman Singh. Thus, he submits that the petitioners deserve to be released on bail.

4. Learned Public Prosecutor opposes the bail application and submits that two other witnesses Pushpa and Shobha also got injuries but he admits that the said injuries are simple in nature.

5. Having considered the arguments advanced at the bar and having regard to the facts and circumstances of the case, particularly the fact that the solitary head injury alleged to have been caused to the deceased Devi Singh, is attributed to the co-accused Laxman Singh and without expressing any opinion on merits of the




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