JUDGEMENT
M.R.CALLA, J. -
(1.) MR . Naqvi has submitted that in this -case the
co -accused Mangat Singh has already been granted bail by the Sessions
Judge, Alwar. It has been submitted that the allegation against Mangat
Singh was that he has - caused an injury on the eye by an iron rod. The
allegation against the present accused petitioner is that he had caused
an injury on the head of the deceased, Jogendra Singh by lathi. The
incident, dated 7.7.1992, the deceased was admitted in hospital on
8.7.1992 and was discharged on 9.7.1992. he expired on 22.7.1992. Mr. Naqvi submits that there is no explanation as to where the deceased
remained from 9.7.1992 to 22.7.1992. Cause of the death as per the
post -mortem report is 'subdural hematoma. It has been further submitted
that the investigation is complete and the challan has already been filed
in this case. Mr. Abdul Gaffar has also failed to give an explanation
about the period from 9.7.1992 to 22.7.1992. The dispute arose only on
account of the passing of the motor cycle from the particular way. It has
been further submitted that the accused -petitioner is in jail since July,
1992.
In the facts and circumstances of the case, I am inclined to accept this bail application u/s. 439, Cr. P.C.
(2.) IT is, therefore, directed that accused petitioner Bhagwan Singh s/o Shri Sodagar Singh shall be released on bail provided he furnishes a
personal bond in the sum of Rs. 10,000/ - (Ten Thousand) with two sureties
of Rs. 5,000/ - (Five Thousand) each to the satisfaction of the trial
court with the stipulation to appear in that court as and when called
upon to do so during the pendency of the trial against him in this case.
Bail application allowed.;
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