1995 Supreme(Raj) 877
RAJASTHAN HIGH COURT
N.L.Tibrewal, J.
Pappu alias Dalchand - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cri. Misc. Application No. 2634 of 95.
Decided On : 29-06-1995
The court may grant bail based on the circumstances of the case and the injuries sustained by both parties, without expressing an opinion on the merits of the case.
Headnote:
Bail - Assault - The court granted bail to the petitioner, considering the circumstances of the case and the injuries sustained by both parties.
Fact of the Case:
The petitioner and the injured party were close relatives living in separate portions of the same house. A dispute over stone-slabs led to an incident where both sides sustained injuries.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the petitioner based on the manner in which the incident took place and the fact that members of the accused party also sustained injuries.
Issues: The issue revolved around the injuries sustained by both parties and the circumstances of the incident.
Ratio Decidendi: The court considered the injuries sustained by both parties and the overall circumstances of the case in granting bail to the petitioner.
Final Decision: The petitioner was ordered to be released on bail upon furnishing a personal bond and surety to the satisfaction of the trial Court.
JUDGMENT
1. - Heard learned counsel for the petitioner and the learned Public Prosecutor. Case diary perused.
2. It appears that the petitioner and the injured Kesrilal are close relatives and they have separate portions/apartments in the same house. It also appears that on some petty disputes about erection of stone-slabs the incident took place in which two members from each side have sustained injuries. From the side of the accused, petitioner has sustained a lacerated wound on the top of his head while, his sister Smt. Heera has sustained three injuries including one injury on occipital region. From the side of the complainant, Kesrilal has sustained seven injuries out of which, injury No. 1 and 2 were described as incised wounds and injury No. 1 was found to be grievous which has been caused on fronto-parietal region of the skull. It was contended by the learned counsel that as per the prosecution case and the version given by the injured Kesrilal, petitioner was having a lathi which could not cause injury No. 1 sustained by him and which has been found to be grievous in nature. The learned counsel further contended that as per the statements of the witnesses the other accused also caused injuries on the head of injured Kesrilal and they have been released on bail.
3. Without expressing any opinion on the merits of the case, but, taking into consideration all the facts and circumstances of the case, including the manner in which the incident took place and the fact that members of the accused party have also sustained injuries, I am inclined to release the petitioner on bail under Section 439, Cr.P.C..
4. It is, therefore, ordered that the petitioner Pappu @ Dalchand son of Babulal shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial Court with the stipulation to appear before that Court on all subsequent dates of hearing and as and when he is called upon to do so during the pendency of trial/investigation or enquiry, as the case may be.
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