Rajendra Saxena, J. - (1.) Heard and perused the challan papers. In this case, though in the FIR and the statements of Subhash Chandra and Rajkumari, the names of the petitioners Banwari and Prithvi find mention and it was alleged that they had come alonewith other co-accused persons armed with fire arms but after investigation in his report under Section 173 Cr. PC, the S.H.O.found that the accused Krishna had brought co-accused Bikar, Mangu and ,Major Singh to the house of the complainant, where they in discriminatingly fired and caused injuries to persons and also resulted into deaths of Bhagwan, Sunder and Smt Chando. The S H.O. filed challan against Krishna, Bikar Singh and Mangu Singh for the offences under section s. 147, 148, 302,307, 450, 149, 120 Indian Penal Code r/w Sections 25 and 27 of the Arms Act and against accused-persons Major Singh and Omprakash for the offences under section s. 302 r/w 119 B Indian Penal Code. However, final report was submitted against the present petitioners 'and other four co-accused persons viz. Vishnu, Bhagirath, Hetram Brijlal. The learned Magistrate, Pilibanga took cognizance against petitioners Banwari, Prithvi, Vishnu. Brijlal. Dhokal, Bhagirath and Hetram for the offences under Sections 147, 148, 302, 307 etc. Tine petitioners surrendered .before the lower Court on 15-4-93 and since then they are in judicial custody.
(2.) In Mahendra Singh v. State of Rajasthan, 1988 RCC 12 , it has been held that if there are conflicting statements of witnesses examined during the course of investigation, the accused persons against whom there are conflicting statements of witness, is entitled to bail. Co-accused Brijlal, Dhokal, Bhagirath and Hetrarn have already been granted bail by this Court vide order dated 21-3-93 in S B. Cr, Misc. Bail Application No. 355/ 93. The trial of this case is likely to take considerable time.
(3.) Therefore, keeping in view all the facts and circumstances of the case, I am of the considered opinion that it is a fit case wherein petitioners should be released on bail. I accordingly allow this petition and order that petitioners(I) Banwari and (2) Prithvi be released on bail provided each of them executes his personal bond in the sum of Rs. 10000/-with two sound and substantial sureties in the sum of Rs. 5000/- each to the satisfaction of learned M.J.M. Pilibanga for their regular appearance before him or before the Court where the case is committed/transferred pertaining to FIR No. 279/92 of Police Station Pilibanga, on each S. every date of hearing and wherever ordered to do so. Bail granted.;