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2016 Supreme(Raj) 1385

IN THE HIGH COURT OF RAJASTHAN, JODHPUR BENCH
PANKAJ BHANDARI, J.
Tulcha Ram @ Tulchharam - Applicant
Versus
The State of Rajasthan – Complainant
S.B. Criminal Misc. Bail Application No. 7066 of 2016
Decided on : 01-09-2016

Advocates:
Advocate Appeared:
For the Applicant :Mr. J.R. Chawel, Advocate.
For the State : Mr. A.S. Rathore, PP.
For the Complainant :Mr. I.R. Choudhary, Advocate.

Headnote:Criminal Procedure Code, 1973- Section 439 – Bail Application – Injury report does not provide any description due to which the injury inflicted can be referred to as a grievous in nature – Hence, bail is granted.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  • The case involves an application for bail by Tulcha Ram @ Tulchharam in connection with FIR No. 170/2016 at Police Station Pipar City, District Jodhpur (!) .
  • The allegations pertain to Sections 341, 323, and 307/34 of the Indian Penal Code (!) .
  • The injury report did not specify injuries as grievous in nature; it indicated that injuries could be dangerous to life but did not confirm them as grievous (!) .
  • The medical evidence included initial injuries and an increased number of injuries upon further examination, with the injuries being serious but not classified as grievous (!) .
  • The petitioner’s father had also lodged a cross FIR against the complainant, alleging that the complainant assaulted him, resulting in fractures of the nose and ribs (!) (!) .
  • The court considered both the injury report and the cross FIR, noting the serious nature of the injuries but also that they were not classified as grievous (!) .
  • The court decided to grant bail to the petitioner, subject to certain conditions, including furnishing a personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each, with the requirement to appear in court on all dates (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


ORDER :

Pankaj Bhandari, J.

The allegations in the FIR pertains to Sections 341, 323, and 307/34 IPC.

2. The contention of learned counsel for the petitioner is that petitioner's father also lodged an FIR against the complainant that the complainant of this case gave beating to the petitioner's father, as a result of which, he has sustained fracture of nose and ribs. It is also contended that initially there were 9 injuries and later on the medical board has included the bruises and has increased the number of injuries to 36.

3. The contention of learned counsel for the complainant as well as learned Public Prosecutor is that the injured is a 62 years old person who has been seriously wounded by the petitioner and the injuries have been cumulatively considered to be dangerous to life by the medical board.

4. I have considered the rival contentions.

5. The injury report does not make a mention of any injury to be grievous in nature. The Board has opined that "the injuries may be dangerous to life". Taking note of the same as also the fact that the petitioner's father has also lodged the cross FIR in which he has levelled allegation that he has sustained fracture of nose and ribs, I am inclined to grant bail to the petitioner.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner Tulcha Ram @ Tulchha Ram S/o Sita Ram arrested in connection with F.I.R. No. 170/2016 of Police Station Pipar City District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.





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