- (1.) This bail petition has been filed under S. 439, Cr. P.C. by the accused petitioners in sessions Case No. 36/96 pending trial in the Court of Additional Sessions Judge, Bali, after similarly presented application having been dismissed by the Chief Judicial Magistrate Pali while exercising powers of Addl. Sessions Judge, Bali, in absence of the Presiding Officer on 15-4-1997.
(2.) Briefly stated the prosecution case against the accused-petitioners is as follows : Umesh Singh is the younger brother of Dr. Bhanwar Singh (deceased) and belong to the village Mada. He lodged a report before the S.H.O. of P.S. Sadari on 16-3-87 alleging that the dead body of Dr. Bhanwar Singh who was married to Smt Shobha, sister of accused-Prithvi Raj and Ghan Shyam, sons of Rawat Singh resident of village Basant, was brought to their village Mada by their brother-in-law Sajjan Singh from Jaipur on 16-3-1987 at 2 a.m. The said accused Prithvi Raj accompanied the dead body from Jaipur to Sanderao, Pritvi Raj accused had given beating to Dr. Bhanwar Singh on earlier occasions and also threatened him. It was alleged that they suspected that the accused petitioners with the aid and collusion of one Kesar Singh, Upsarpanch and 6-7 marathas, as hirelings, assaulted Dr. Bhanwar Singh fatally in the early night of 6-3-87 in a room situated at the farm house (at well) of Rawat Singh in the village Mada who died of a head injury. Since the village Basant falls within the territorial jurisdiction of P.S. Takhatgarh and so this report was forwarded to the latter Police station whereat FIR No. 18/87 u/Ss. 147, 148, 149, 302, IPC was registered and investigation commenced.
(3.) After investigation, a Final Report (negative) was filed concluding that Dr. Bhanwar Singh died because of accident injury, in the Court of Munsif and Judicial Magistrate, Sumerpur.;