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1989 Supreme(Raj) 715

RAJASTHAN HIGH COURT AT JAIPUR BENCH
I.S.Israni, J.
Irfan - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 1858 of 1989.
Decided On : 6-07-1989

The court considered the nature of the injuries and the contentions of the learned counsels in granting bail to the petitioner.

Headnote:

Section 307 IPC - Bail Granted - The court granted bail to the petitioner who was alleged to have committed an offence under section 307 IPC, considering the nature of the injuries and the contentions of the learned counsels.

Fact of the Case:

The petitioner was alleged to have committed an offence under section 307 IPC. The injuries suffered by the injured person were contended to be simple abrasions and contusions.

Finding of the Court:

The court granted bail to the petitioner, considering the nature of the injuries and the contentions of the learned counsels.

Issues: The main issue was whether the injuries suffered by the injured person constituted an offence under section 307 IPC.

Ratio Decidendi: The court considered the nature of the injuries and the contentions of the learned counsels in granting bail to the petitioner.

Final Decision: Bail was granted to the petitioner on certain conditions.

JUDGMENT

1. - Heard both the parties. The petitioner is alleged to have committed an offence under section 307 IPC. It is contended by Shri A.K. Gupta, learned counsel for the petitioner that all the injuries suffered by are injured person are simple abrasions and contusions, therefore, no offence in in fact is made out under section 307 IPC.

2. It is contended by Shri Srimal, learned P.P. that it is not necessary that any grievous injury by caused before an offence under section 307 IPC is made out. The injuries have been caused with a rod, which was picked up from a cycle shop.

3. In the circumstances, I am inclined to grant indulgence of the provisions of Section 438 Criminal Procedure Code to the pet. Irfan.

4. The SHO/Arresting Officer/Investigatory Officer, P.S. Bhimgang Mandi, Kota, is, therefore, directed that in the event of arrest, petitioner Irfan in FIR No. 180/89, be released on bail, provided he furnishes a personal bond in the sum of Rs. 5,000/- with a surety in the like amount to his satisfaction on the following conditions:

(1) That he shall make himself available for interrogation by a police officer as and when called ;

(2) That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the court or to any police officer ;

(3) That he shall not leave India without the prior permission of the court.
Bail granted.

*******

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