KISBAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a second application for bail on behalf of Kishan Singh, against whom a challan for offences under sections 302 and 307 read with section 34, IPC etc. has been filed Earlier, an application for bail on his behalf along with co-accused Laxman Singh was moved. Pending that application, the accused had been discharged by order dated 29-3-1986, as no application for judicial custody had been moved and the case diary had not been produced before the learned Magistrate on the relevant date and, therefore, that application for bail was got dismissed on 7-4-1986 as having become infructuous. Thereafter, a challan has been put up against accused Kishan Singh, who has not been taken into custody, but the other accused Laxman Singh has not yet been arrested. A fresh application has, therefore, been filed on behalf of Kishan Singh. His application for bail passed before the learned Additional Sessions Judge, Rajsamand was dismissed by order dated 2-7-1987.

(2.) I have heard learned counsel for the petitioner and the learned Public Prosecutor and have gone through the diary. The two accused persons are said to have given beating to Jawan Singh and Gopal Singh with Lathis and fists. Gopal Singh succumbed to his injuries. Kishan Singh is said to be about 20 years of age. After his discharge by order dated 29-3-1986, nothing has been alleged to show that he has indulged in any offence, or has tried to interfere with the evidence in this case. It is also urged by the learned counsel for the petitioner that there had been a dispute regarding the land between the parties and the opposite party had been threatening the accused and the members of their family in respect of which they had filed an application under section 18 Cr. P. C. Despite that, the mother of the petitioner is said to have been murdered. Looking to all these circumstances, I am inclined to grant bail to the petitioner.