- (1.) Three aforesaid bail applications shall stand decided by this common order as they arise out of the same FIR. The present bail applications have been filed under Section 439 of Cr.P.C. The petitioners have been arrested in connection with FIR No.56/2016, Police Station Shivpura, District Pali for the offence under Sections 147, 148, 307, 302/149 of the IPC.
(2.) As per the allegation in the complaint, when the complainant went to stop the accused-persons from encroaching upon his land, they attacked him and his father. His father succumbed to injuries and died on the spot. All of them beat him to death causing several injuries. Learned counsel for the State and the complainant have pointed out that as per the post mortem report, there were injuries and fractures of ribs on the person of the deceased. Learned counsel for the petitioner while praying for bail submitted that the plot in question was allotted to Indra Singh way back in the year 1990. Even, a lease-deed was executed in the year 2014. The complainant-Yogendra Singh filed a complaint to the Block Development Officer (BDO), The BDO vide his order dated 21.03.2016 ordered status quo till the completion of the enquiry. Indra Singh too filed an application for construction on the said plot and B.D.O. vide his order dated 28.03.2016 permitted them to do the construction and it was in pursuance to said order that the accused Indra Singh was getting the barbed wire put up around the boundary. When the complainant along with his father came and tried to stop the workers from putting up the barbed wire, a fight took place.
(3.) As many as 15 persons, all members of the same family, have been named in the FIR. Charge-sheet was filed only against 7 persons, namely, Indra Singh, Bheru Singh, Arjun Singh, Bahadura Singh, Mahaveer Singh, Chhotu Singh and Srawan Ram and the investigation was kept pending under Section 173(8) Cr.P.C. qua 4 persons. It is stated that Indra Singh and Bheru Singh are 60 and 62 years respectively, whereas, Arjun Singh, Bahadur Singh, Mahaveer Singh belong to Gujarat and are falsely enroped. Chhotu Singh and Shrawan Ram have not been named in the FIR. It is further stated that the allegations are exaggerated as no injury was suffered by the deceased. A perusal of the inquest report prepared by the Investigating Officer who went to visit the hospital shows that he did not see any blood on the body. Panchnama was also prepared in the presence of five persons and as per the said panchnama, the injury appeared to be internal. The role attributed to Indra Singh is of lalkara and qua the others the allegations are omnibus in nature. Learned counsel for the petitioner further contended that from the facts and evidence collected uptill now, it is doubtful whether an offence under Section 302 IPC is made out and if at all it would amount to an offence under Section 304 IPC. In view of the facts and circumstances of the case, this Court deems it just and proper to release the petitioners on bail.;