I.S.ISRANI,J. - (1.) HEARD both the parties. The petitioner is alleged to have committed offence under Section 307/323 IPC. It is given at by learned Counsel for the petitioner Shri Gupta that while the complainant reached infront of the house of Hansraj, who gave him two blows with 'Khutia' on head and in all caused eight injuries to him. From the medical report, read out by the learned Counsel, all the injuries are simple in nature.
(2.) IT is contended by learned Public Prosecutor Shri Srimal that since the injuries have been caused on head the intention was to kill him, therefore, a case is made out under Section 307 IPC and the petitioner is not entitled indulgence of the provisions of Section 438 Cr.P.C. In the circumstances. I am inclined to grant indulgence of the provisions of Section 438 Cr.P.C. to the petitioner Hansraj.
(3.) THE SHO/AO/IO PS Mangrole is direct, that in the event of arrest of the pet. Hansraj, in FIR No. 103/89. he be released on bail, provided he furnishes a personal bail bond in the sum of Rs. 5,000/ - and a surety in the like amount to his satisfaction on the following conditions: (1) That we shall make himself available for interrogation by a police officer as and when required; (2) That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police office; (3) That be shall not leave India, without the prior permission of the court. ;