HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 9791/2023

Subhash Chandra @ Sonu S/o Jagdish, Aged About 23 Years,

W.no. 10, Daulatpura, Teh. And Dist. Sriganganagar (Raj.).

(Presently Lodged In Sri Ganganagar Jail).

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Vishan Das Vaishnav.

For Respondent(s)

:

Mr. Shrawan Kumar, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

28/08/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.157/2022 registered at Police Station Matilirathan,

District Sri Ganganagar, for offences under Sections 323, 341,

307, 302 and 34 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the

petitioner is in custody since 15.11.2022. Drawing attention of the

Court towards the postmortem report of the deceased-Jagdish

prepared by the Medical Board at PBM Hospital, Bikaner dated

09.11.2022, learned counsel submitted that the Medical Board

after examining the body of the deceased, has given an opinion

that “the cause of death is coma due to antemortem head injury

(2 of 3)

[CRLMB-9791/2023]

as mentioned and sufficient to cause death in ordinary course of

nature”.

Drawing attention of the Court towards the FIR, statements

of the complainant Sohan Lal (PW-3) and Savitri (PW-2) recorded

before the competent criminal court so also the statements of the

eye-witnesses Lalchand and Surendra Kumar recorded under

Section 161 Cr.P.C. on 11.11.2022, learned counsel submitted that

the specific allegation of causing head injury, has been levelled by

the eye-witnesses against co-accused Purushottam.

Learned counsel submitted that in view of the fact that

specific allegation of causing head injury which has been found to

be the cause of death of the deceased, has been attributed to co-

accused Purushottam; challan against the petitioner has been filed

and the trial of the case is likely to consume sufficiently long time,

the petitioner deserves to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail

application. However, he was not in position to refute the fact that

the Medical Board in its opinion dated 09.11.2022, has stated that

“the cause of death is coma due to antemortem head injury as

mentioned and sufficient to cause death in ordinary course of

nature”.

Having considered the rival submissions, facts and

circumstances of the case so also the statements of the

complainant Sohan Lal (PW-3) and Savitri (PW-2) recorded before

the competent criminal court so also the statements of the eye-

witnesses Lalchand and Surendra Kumar recorded under Section

161 Cr.P.C. on 11.11.2022 as well as the opinion given in

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[CRLMB-9791/2023]

postmortem report, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Subhash

Chandra @ Sonu S/o Jagdish arrested in connection with F.I.R.

No.157/2022 registered at Police Station Matilirathan, District Sri

Ganganagar, shall be released on bail, if not wanted in any other

case, provided he furnishes a personal bond of Rs.50,000/- and

two sureties of Rs.25,000/- each, to the satisfaction of learned

trial court, for his appearance before that court on each & every

date of hearing and whenever called upon to do so till completion

of the trial.

(KULDEEP MATHUR),J

144-Tikam/-