JUDGEMENT
N. C. SHARMA, J. -
(1.) THE matter comes up for orders in view of the application sent by the appellant from jail for grant of parole.
(2.) THE first bail application of the petitioner has already been rejected by this Court by order dated 9-3-1983. In the meantime, the learned counsel for the petitioner appellant had moved an application for either directing some body to inspect the site or to re-call and re-examine PW 6 Sahab Ram directing him to prepare the site plan afresh showing the distance between the house of the prosecution witness Chandu Ram and the place of the incident. On this application, it was directed that it will be taken into consideration at the time of hearing of the appeal. In order to appreciate the application of the petitioner for grant of parole, we have cursorily looked into matter on merits. We are of the opinion that it will be in the interest of justice to re-call PW 6 Sahab Ram after directing him to prepare a site plan showing the location of the house of PW 1 Chandu Ram and indicating the distance between that house and the place of occurrence. Since this may take some time and since the petitioner's mother is said to require eye operation, we deem it proper to grant parole to the petitioner for this purpose.
We therefore, direct that the petitioner appellant Ram Niwas shall be released on bail for a period of two months from the date of his release on the condition that he furnishes a personal bond in the sum of Rs. 10000/- along with two sureties in the sum of Rs. 5000/- to the satisfaction of the learned Additional Sessions Judge, Raisinghnagar with an undertaking that he will surrender himself on the expiry of two months from the date of his release and in the meantime he will arrange for the treatment of the eyes of his mother.
We, further direct that PW 6 Sahab Ram shall prepare a fresh site plan showing the location of the house of PW 1 Chandu Ram and the distance between that house and the place of the occurrence. He may also show other houses intervening between the two spots along with their house numbers and distances. The learned P. P. will indicate the present place of posting of Sahab Ram and shall arrange for service of this order on him so that he may prepare the site plan and submit the same before this Court within a period of two months. The case shall then be fixed up for hearing on 11th of July, 1988. Summons shall be issued in the name of Sahab Ram directing him to prepare the site plan as indicated above and to appear before this Court on 11th of July, 1988. .;
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