1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.II BAIL APPL NO.8749/2010 Chothmal & Anr. Vs. State Date of order : 1/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sudarshan Laddha for the petitioners. Shri Peeyush Kumar, P.P. for the State. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. This second bail application has been filed by the petitioners for grant of bail pending trial. Their first bail application was rejected by this Court by order dated 5.8.2010 with liberty to apply before the Court below again after challan is filed. By the aforesaid order, other three co-accused Siyaram, Gopal and Pradhan were enlarged on bail. Contention of the learned counsel for the petitioner is that their earlier bail application was rejected because there was allegation against them of causing grievous injuries namely injury no.1, 3 and 4 resulting into multiple fracture of Radhey Shyam and the challan was not filed. Challan has now been filed. The grievous injury caused was not on any vital part. The X-ray report has found fracture of tibia bone of right leg and radius bone of left hand. The 2 offence u/s.308 of IPC even otherwise would not be attracted because at the maximum offence would be one u/s.325 of IPC. Learned counsel further argued that the petitioners are in jail for last one and half years. There is no other criminal case against any of them. The dispute was between brothers regarding certain piece of land. They would undertake not to indulge in any offence in future and maintain good conduct. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Chothmal S/o Hajari Lal and (2) Madan Lal S/o Laxmichand shall be released on bail in F.I.R. No.138/2010, P.S. Itawa, Distt. Kota Rural, for offence u/ss.143, 323, 341 and 308 of IPC on each of them furnishes a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. 3 However, in case, petitioners are found involved in repeating the similar offence at any point of time, the prosecution will be at liberty to apply for cancellation of their bail. (MOHAMMAD RAFIQ), J. RS/