KAMRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel and the learned P.P. and have gone through the two F.I.R's, there being cross-cases and have also gone through the injury report of Sharif Mohammed, the injured from the side of the Complainant in this case and Jakir Hussein, the injufed from the side of the accused petitioner. It was given out by the learned counsel that Sharif Mohammed was in police department and was retired and his son is also in police department. It was also given out by him that Jakir Hussain on the side of the accused also received injuries by sharp-edged weapon but a non-bailable case was registered against the Complainant party whereas a bailable case has been registered against the petitioner. He also contends that the injury which is attributed to the petitioner on the head of Sharif Mohammed on X-ray was found to be simple.

(2.) In my opinion there are cross cases and one accused has already been released on bail may be because the offences were bailable and interest of justice demands more so when the injuries ascribed to the petitioner is simple in nature and others have been released on bail under Sec. 438 Criminal Procedure Code. including the accused who has caused injuries by sharp-edged weapon. The petitioner should be released on bail.

(3.) Consequently, the bail application is allowed and it is hereby directed that in the event of arrest of the accused petitioner Kemru S/o Noor Mohammed, in F.I.R. No. 115/91 P.S. Talera Distt. Bundi, the SHO/IO shall release him on bail on his furnishing a personal bond in the sum of Rs. 5,000.00 with one surety in the like amount to his satisfaction undertaking to appear before him for interrogation/investigation as and when called upon to do so and further understanding not to temper with any of such persons who may be conversant with the facts and circumstances of the case.