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MADA RAM & ORS. v STATE - CRLMB Case No. 4073 of 2007  RD-RJ 4322 (3 September 2007)
S.B.CRIMINAL MISC. BAIL APPLICATION NO.4073/2007
(Mada Ram & Ors. vs. State of Rajasthan)
DATE OF ORDER : September 03, 2007
Mr.Hemant Dutt, for the petitioners.
Mr.Ashok Upadhyaya, Public Prosecutor for State.
Mr.Deepesh Beniwal, for the complainant.
Heard learned counsel for the petitioners as well as the
Public Prosecutor for the State. Perused the order impugned and the police investigation diary.
It is contended by the learned counsel for the petitioners that there is a cross-case between the parties being FIR
No.72/2007 lodged by the petitioners against the complainant party and the complainant party also lodged the FIR
No.71/2007. Both the parties are belonging to the same family and on the spur of the moment, there was a quarrel. Learned counsel for the petitioners has placed on record affidavits of injured Smt. Kalu Ram, Smt. Sita alias Situdi and Smt. Mohini and contended that the parties have compromised the matter.
On careful perusal of the police investigation diary, it appears that petitioners No.3 Munna Ram No.6 Smt. Baudi and
No.10 Purkha Ram alleged to have inflicted the injuries by sharp- edged weapon on the vital part of injured Smt. Sita. She suffered the injuries, which is dangerous to life. In the circumstances, therefore, I do not find any ground to release the petitioners No.3 Munna Ram No.6 Smt. Baudi and No.10 Purkha
The bail application filed by petitioners No.3 Munna Ram
No.6 Smt. Baudi and No.10 Purkha Ram is dismissed.
However, having regard to the facts and circumstances of the case and the fact that no specific injury has been assigned to petitioners No.1. Mada Ram, No.2 Meera, No.4 Sinwari, No.5
Kishna Ram, No.7 Smt. Sabudi, No.8 Surja Ram and No.9 Guna
Ram, I consider it just and proper to grant anticipatory bail to these petitioners
Accordingly, the bail application filed by petitioners No.1.
Mada Ram, No.2 Meera, No.4 Sinwari, No.5 Kishna Ram, No.7
Smt. Sabudi, No.8 Surja Ram and No.9 Guna Ram is allowed and it is directed that in the event of arrest of petitioners No.1. Mada
Ram s/o Dharu Ram, No.2 Meera s/o Mada Ram, No.4 Sinwari w/o Munna Ram, No.5 Kishna Ram s/o Ram Narayan, No.7 Smt.
Sabudi w/o Guna Ram, No.8 Surja Ram s/o Pema Ram and No.9
Guna Ram s/o Pema Ram, in FIR No.71/2007, P.S. Mundawa,
Distt. Nagaur , they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of
Rs.10,000/- along with one surety of like amount each to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-
(i)That they shall make themselves available for interrogation by a police officer as and when required;
(ii)That they 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 officer and;
(iii)That they shall not leave India without the previous permission of the Court.
The petitioners shall surrender before the trial court on the date of filing of the challan.
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