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1992 Supreme(Raj) 739

RAJASTHAN HIGH COURT
N.C.Sharma, J.
Dwarka Lal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Cr. Misc. Bail (II) App. No. 1492 of 1992
Decided On : 2-07-1992

Important Points

The court considered the nature and location of the injury in deciding on the bail application.

Subject

Criminal Law - Bail Applications

Headnote

Bail Application - Acid Attack Case - The court allowed the bail application of Dwarkalal, considering the fact that the grievous injury was caused by another person and the injury inflicted by the petitioner was not in any vital part of the body.

Fact of the Case:

The petitioner applied for bail under section 439, Cr.P.C. citing that the injury he caused was not in a vital part of the body.

Finding of the Court:

The court allowed the bail application of Dwarkalal, considering the fact that the grievous injury was caused by another person and the injury inflicted by the petitioner was not in any vital part of the body.

Issues: Bail application under section 439, Cr.P.C. based on the nature and location of the injury inflicted by the petitioner.

Ratio Decidendi: The court considered the fact that the grievous injury was caused by another person and the injury inflicted by the petitioner was not in any vital part of the body in allowing the bail application.

Final Decision: The court ordered the release of Dwarkalal on bail upon furnishing a personal bond and sureties.

JUDGMENT

1. - This is a second bail-application by Dwarkalal, u/s. 439, Cr.P.C.

2. According to the statement of Dr. R.C. Dubey, recorded by the trial court on 9th Oct. 91, it was injury No. 6 which was grievous. This injury was caused by pouring of acid, by Ram Kumar, on the deceased. Ram kumar is still in judicial custody, and he is not before the Court. So far as the petitioner is concerned, it was urged that in the FIR, all that was said is that the petitioner had inflicted injury on the deceased on the elbow of his left knee, by a `Dhariya'. This injury was not in any vital part of the body.

3. Having regard to all the facts & circumstances of the case, and particularly, the fact that it was Ramkumar who had sprinkled acid on the deceased, I allow this bail application of Dwarkalal, and order that Dwarkalal, son of Ghasilal, subject to his furnishing a personal bond in the sum of Rs. 10,000/-, together with two sureties it the sum of Rs. 5,000/- each, to the satisfaction of the trial court, for his appearance before the said court, as and when called upon to do so during the pendency of the trial against him in this case, be released on bail.

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