S.C. Mital, J. - (1.) This is second bail application on behalf of petitioner Kalu Ram under section 439 Cr.P.C; in State v. Tara Chand & Ors., Sessions Case No. 3/97 pending in the Court of learned Special Judge, Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Cases, Pali under sections 302, 323 r/w 34, IPC and 3(i)(x) & 3(ii)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The First bail application was rejected by this Court on 17.1.1998.
(2.) The prosecution case is that on 18.12.1997 at about 8.30 p.m. complainant Mohan Lal was going to his house from his hotel and when he approached Ram Leela ground the petitioner and other co-accused persons armed with lathies and knife attacked his brother Pokar Ram. Tara Chand and Babu gave lathi blows. Pokar Ram fell down and thereafter Bhima Ram and petitioner Kalu Ram caught hold of Pokar Ram and Leeladhar inflicted knife blow on the neck and right chest. Anda Ram, Dau etc. rescued them. Tara Chand also gave lathi blow to the complainant when he tried to save Pokar Ram. Pokar Ram died of the injuries.
(3.) The learned counsel for the petitioner urged that co-accused Tara Chand who is alleged to have inflicted injuries by lathi has been released on bail on 13.2.1998. Leeladhar who inflicted injuries by knife has been released by this Court on 27.7.1998. The case of the present petitioner is on better footing and he may be released on bail because similar treatment should be meted out to the petitioner. It is further contended that Tara Chand lodged a report on the same date at 10.00 p.m. against complainant Mohan Lal, Anda Ram, Gordhan Ram and Madan Lal that he was sitting at the Cycle Stand installed in the Circus show by his sons Leeladhar and Chandra Shekhar. He sent his son Leeladhar to his house to take meals. After about 10-15 minutes, Bharta and his two sons Gordhan and Madan came to the Cycle Stand and struck down 2-3 cycles. He tried to prevent them. Thereafter Pokar, Mohan, Hamira came armed with lathies and knife and attacked his son Chandra Shekhar who got injuries on head. They also inflicted injuries to him. Madan took out knife but Leeladhar pulled him and he was saved and in this process the knife hit Pokar. Then they started beating Leeladhar by lathis. In this process Leeladhar in self defence gave lathi blows to Mohan and Dau. Police came on the spot. On this report case FIR No. 501 dated 18.12.1997 under sections 147, 148, 323, 307 r/w Section 149 IPC has been registered and it is under investigation against the complainant and his associates. It is, therefore, submitted that the complainant party was the aggressor.;