THAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Shri Anil Upman Advocate on behalf of the applicants pertaining to F. I. R. No. 284/2008 at police station Seekri, Tehsil Deeg, District bharatpur, in the offences under Sections 143, 323, 341 and 336 of IPC and later on Section 302 of IPC was added.

(2.) HEARD the learned counsel for the petitioners, learned counsel for the complainant as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioners has canvassed that the panchayat was held on 18. 12. 2008 in village Ramsinghpur Palki, police station Seekri, District Bharatpur. Both the petitioners and the complainant had an altercation on a trivial issue which resulted into the injuries of both the parties and culminated in the death of Amrit lal. The petitioners had no intention to commit murder of the deceased Amrit lal, as the scuffle took place on the spur of the moment. The co-accused persons namely Ramhet, Hukum and Satish have already been enlarged on bail by the co-ordinate bench and the case of the petitioner Kamal is similar to the those of the co-accused persons, hence, on the ground of parity, he may also be granted indulgence of bail. So far as the case of the petitioner Than Singh is concerned, he has been falsely implicated in the offence under section 302 of IPC. The evidence as has emerged on record, it constitute an offence at the most under Section 323 of IPC or 304 of IPC but from no stretch of imagination, the offence under section 302 of IPC is made out, hence, the accused petitioner Than Singh may also be granted indulgence of bail.