IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Cr. Misc. IVth Bail Appl. No.9033/2009 Devraj Vs. State of Rajasthan Dated : 15.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Ms. Shalini Sharma, for the petitioner. Mr. Amit Punia, PP for the State. This order governs the disposal of fourth bail application filed under Section 439 of Cr.P.C. by Ms. Shalini Sharma, Advocate on behalf of the applicant Devraj pertaining to F.I.R. No. 330/2008 of police station Keshoraipatan, District Bundi, in the offences under Sections 147, 148, 149, 323 and 307 of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that co-accused Mahaveer has already been enlarged on bail by the Coordinate Bench vide order dated 26th August, 2009. The case of the petitioner is similar to that of the co-accused. Hence, on the ground of parity, the petitioner may also be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that he is the main accused -2- who is alleged to have assaulted upon the skull of injured Pappu Lal with an Axe. Hence, he should not be admitted to bail. 5. Having considered the submissions made at the bar and carefully perused the relevant material available on record including the first bail order dated 5th February, 2009 rendered by this Court, it is noticed that the accused persons Devraj and Hansraj caused injuries on the skull of injured Pappu Singh. Their case is altogether distinct from the case of Mahaveer. Hence, I, without expressing any opinion on the merits of the case, do not find any good ground to change my earlier view, and this fourth bail petition also stands dismissed for those very reasons as enumerated in the first bail order dated 5th February, 2009. (MAHESH BHAGWATI)J. Pcg