The main legal point established is the consideration of the injury report and x-ray report, and the absence of opinion that the injury is dangerous to life in granting anticipatory bail under section 438, Cr.PC.

Headnote:
Anticipatory Bail - Grant of Anticipatory Bail - The court granted anticipatory bail to the petitioner under section 438, Cr.PC after considering the injury report and x-ray report of the injured, and the absence of opinion that the injury is dangerous to life.
Fact of the Case:

The doctor found a fracture of the left parietal bone of the injured but did not opine that the said injury is dangerous to life. The court, after considering the entire facts and circumstances, granted anticipatory bail to the petitioner under section 438, Cr.PC.
Finding of the Court:

The court found it just and proper to grant anticipatory bail to the petitioner under section 438, Cr.PC.
Issues: The issue was whether the petitioner should be granted anticipatory bail in the case.
Ratio Decidendi: The court considered the injury report, x-ray report, and the absence of opinion that the injury is dangerous to life in granting anticipatory bail to the petitioner under section 438, Cr.PC.
Final Decision: The court directed the SHO to release the petitioner on bail with specified conditions in the event of his arrest in the case.

JUDGMENT

1. - Heard. Perused the case diary and the statement of injured Sitaram and his injury report and x-ray report. The doctor has found fracture of the left parietal bone of the injured but has not opined that the said injury is dangerous to life.Taking a conspectus of the entire facts and circumstances of this case, it is just and proper to grant anticipatory bail to the petitioner under section 438, Cr.PC. The SHO PS. Anta District Baran is, directed that in the event of the arrest of petitioner Latoor Lal in crime no. 374/95 of aforesaid PS he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 15,000 (Rs. Fifteen thousands) with two sureties in the sum of Rs. 7,500 each to the satisfaction of the S.H.O. concerned, on the following conditions :

1. that the petitioner(s) shall make himself available for interrogation by a police officer as and when required.

2. that the petitioner(s) 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 from disclosing such facts to the Court, or any Police Officer, and;

3. that the petitioner(s) shall not leave India, without previous permission of the Court.

*******

Click Here to Read the rest of this document

1996 Supreme(Raj) 1217

RAJASTHAN HIGH COURTRajendra Saxena, J.Latoor Lal - AppellantVersusState of Rajasthan - RespondentS.B. Cri. Misc. Bail Appln. No. 2720 of 96.Decided On : 12-08-1996

The main legal point established is the consideration of the injury report and x-ray report, and the absence of opinion that the injury is dangerous to life in granting anticipatory bail under section 438, Cr.PC.

RAJASTHAN HIGH COURT
Rajendra Saxena, J.
Latoor Lal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cri. Misc. Bail Appln. No. 2720 of 96.
Decided On : 12-08-1996