Rajasthan High Court - Jodhpur
Narayan Ram vs State on 28 January, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 57/2021
Narayan Ram S/o Rughnath Ram, Aged About 37 Years, B/c Jat,
R/o Village Shaitan Singh Nagar, P.s. Lohawat, Dist. Jodhpur
(Raj.). (In Judicial Custody At Sub Jail, Phalodi, Dist. Jodhpur).
----Petitioner
Versus
State, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 862/2021
Chuna Ram S/o Kesu Ram, Aged About 35 Years, R/o Village
Aamla, P.s. Phalodi, Dist. Jodhpur (Raj.). (In Judicial Custody At
Sub Jail, Phalodi, Dist. Jodhpur)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate
assisted by Mr. Pradeep Choudhary
For Respondent(s) : Mr. B.R. Bishnoi, AGC
Mr. G.R. Punia, Sr. Advocate assisted
by Mr. Rajendra Prasad
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
28/01/2021
These bail applications have been filed under Section 439
Cr.P.C. on behalf of the petitioners, who are in custody in relation
to FIR No.280/2020, Police Station Lohawat (Jodhpur) for offences
under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 447
& 427 IPC.
(2 of 4) [CRLMB-57/2021]
Learned Senior Counsel Shri J.S. Choudhary, representing
the petitioners vehemently and fervently urges the petitioners and
their companions were severally assaulted by the complainant
party who trespassed into the property of the petitioners and
launched a brutal assault in which Chatara Ram expired. This
Court was taken through the postmortem report of Chatara Ram
which shows presence of multiple gunshot wounds. Shri
Choudhary submits that the FIR against the petitioners being C.R.
No.280/2020 was registered on the basis of the Parcha Bayan of
Lakharam as late as on 31.10.2020. He further submitted that in
the case registered against the complainant party for murder of
Chatara Ram, the police has filed charge-sheet for the offences
under Sections 147, 148, 447, 323, 307 and 302/149 IPC and
under Sections 3/25 & 27 of the Arms Act. He further contends
that so far as the petitioners are concerned, no specific allegations
have been levelled against them for causing any particular injury
to the injured Lakharam or any other injured from the side of the
complainant. On these submissions, he craves indulgence of bail
to the petitioners.
Per contra, learned Public Prosecutor and Shri G.R. Punia,
learned Senior Counsel, representing the complainant have
vehemently and fervently opposed the submissions advanced by
the petitioners' counsel. They contend that the petitioners are the
aggressors who were hired to dispossess the complainant party
from the land in question which was purchased from Smt. Laxmi
Devi, mother of the deceased Chatara Ram. They further
contended that a large number of injuries were caused to
Lakharam by the accused party. The head injury of Lakha Ram
(3 of 4) [CRLMB-57/2021]
has been opined to be grievous and life endangering. They thus,
urge that the petitioners do not deserve indulgence of bail.
I have given my thoughtful consideration to the submissions
advanced at bar and have gone through the material available on
record.
Suffice it to state that the FIR No.280/2020 in connection
with which, the petitioners have been arrested, came to be
registered on the basis of the Parcha Bayan of Lakharam recorded
as late as on 31.10.2020 whereas the incident took place on
28.10.2020. The fact remains that the FIR at the earlier point of
time being C.R. No.274/2020 came to be lodged from the side of
the accused petitioners wherein there is a pertinent allegation that
Chatara Ram was murdered by the members of the present
complainant party. In that FIR, charge sheet has already been
filed after investigation as mentioned above. Though the head
injury of the Lakharam has been opined to be life endangering but
on the perusal of the x-ray report as available on the case diary, it
is apparent that no bony injury was seen when skull x-ray was
carried out.
In this view of the matter and having regard to the overall
facts and circumstances of the case as available on record, this
Court is inclined to extend indulgence of bail to the accused
petitioners. Accordingly, these bail applications are allowed and it
is directed that the accused-petitioners (1) Narayan Ram S/o
Rughnath Ram & (2) Chuna Ram S/o Shri Kesu Ram arrested in
connection with the F.I.R. No.280/2020 registered at Police Station
(4 of 4) [CRLMB-57/2021]
Lohawat (Jodhpur) shall be released on bail provided each of them
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.
(SANDEEP MEHTA),J
78-Sudhir Asopa/-
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