1 S/1 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 5154/2009. Sawai Singh & Ors. Vs. The State of Rajasthan .. Date of Order :: 12th November 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Dhirendra Singh, for the petitioners. Mr. O.P. Singaria, Public Prosecutor. Mr. R.K. Bishnoi, for the complainant. ... The petitioners, accused in FIR No. 98/2009, Police Station Chitalwana, District Jalore and said to be custody in since 25.09.2009, have moved this application for bail under Section 439 Cr.P.C. In the FIR aforesaid, the investigation was taken up for offences under Sections 143, 323, 458, 427 IPC and it appears that during the course of investigation, particularly looking to the nature of injuries on the person of the injured persons Kalyan Puri and Mohan Lal, the offence under Section 324 IPC has also been added for consideration. The bail application as moved by the petitioners was declined by the learned Sessions Judge, Bhinmal by the order dated 30.09.2009. This bail application came to be moved to this Court on 01.10.2009 and was considered on 05.10.2009 when the Public Prosecutor was granted time to procure the case diary relating to this case and cross-case pertaining to FIR No. 99/2009 of the same police station. Thereafter, on 21.10.2009, 2 after hearing the learned counsel for the petitioners and learned Public Prosecutor preliminarily and after perusing the case diary, this Court considered it appropriate to take up the bail plea of the petitioners for consideration after filing of the result of the investigation; and the learned Public Prosecutor was directed to return the case diary but to complete his instructions by 05.11.2009. On 05.11.2009, this Court found the Investigating Agency having not taking appropriate steps for further investigation and such laxity and delay on the part of the Investigating Agency was found very difficult to be appreciated; and at request, the learned Public Prosecutor was granted a couple of day's time to complete his instructions. Now, the learned Public Prosecutor has placed before the Court the two case diaries, progress in the investigation and the note from the concerned Investigating Officer wherefrom it has, inter alia, been noticed that the injured in the present case Kalyan Puri, around whom the entire incident revolves, was not available for further investigation and so has been the position indicated concerning several other persons, said to be the relevant witnesses in the present case and so also the cross FIR; and it has been indicated that they could not be traced despite efforts. 3 In the present case, by filing Vakalatnama, the learned counsel has appeared on behalf of the said complainant Kalyan Puri and on being questioned on the whereabouts of the said complainant, learned counsel submitted that he would definitely appear before the Investigating Agency. Though while considering the matter for grant of bail, this Court would not ordinarily be making any other comment concerning the requirements of the investigation or pertaining to the merits of the case but in the present case, where there is a cross FIR with substantial allegations against the said complainant, this Court cannot help commenting that in case of non-cooperation of the complainant or witnesses co-related with him, the Investigating Agency would be justified in putting a specific note in that regard while filing the result of the investigation in the Court. So far further detention of the petitioners is concerned, in the totality of the facts and circumstances of this case, after having the learned counsel for the petitioners, the learned Public Prosecutor for the State and after having examined the case diaries relating to the two cases, this Court does not find any justification for their further detention; and finds it just and proper that the petitioners be enlarged on bail but, of course, with the stipulation that they would not, during the period they are on bail, try to enter into the disputed Math at village 4 Duthwa, Tehsil Sanchore, District Jalore and would not try to influence or intimidate any witness co-related with this case; and in case of their violating these requirements and being found involved in any other criminal case, the Prosecution shall be at liberty to seek cancellation of bail being granted in this case. The stipulations aforesaid shall be distinctly mentioned in the bail bonds to be furnished by the petitioners. Subject to the requirements aforesaid, this bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioners Swai Singh S/o Jalam Singh, Parkharam S/o Dudaram, and Chhail Singh @ Vijay Singh S/o Chatar Singh be released on bail in relation to FIR No.98/2009, Police Station Chitalwana, District Jalore provided each of them executes the requisite personal bond in the sum of Rs.10,000/- (Rupees Ten thousand) with two sound and solvent sureties in the sum of Rs.5,000/- (Rupees Five thousand) each to the satisfaction of learned Trial Court for their appearance before that court on each and every date of hearing and whenever and wherever called upon to do so till the completion of trial. (DINESH MAHESHWARI), J. //Mohan//