1 S.B. Cr. II Bail Application No. 1190/2008 (Lal Chand Vs. State of Rajasthan) Date of order : 01.04.2008 HON'BLE MR.H.R.PANWAR,J. Mr. R.S.Choudhary for the petitioner. Mr. Ashok Upadhyay, P.P. Mr. Rakesh Matoria for the injured. Heard learned counsel for the petitioner and public prosecutor for the State as also counsel appearing for injured Ishwar. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioner that the first informant Balwan Singh was witness to the occurrence whereas injured Ishwar does not show his presence. Be that as it may, according to the statement of injured Ishwar, it is the present petitioner Lalchand who inflicted repeated injury by axe and injury No.1,2 and 3 have been assigned to the present petitioner. The injury No.1 is on the parietal region of the skull which on being examined by the Radiologist and the city scan, was found to be grievous in nature as it resulted in fracture of parietal bone and injured remained in hospital for two days. As stated by learned counsel, he was referred to higher centre at Hissar and underwent treatment as 2 indoor patient. Keeping in view the serious allegation and the nature of injuries, in my view, at this stage, it is not a fit case to release the petitioner on bail. The second bail application filed by the petitioner under Section 439 Cr.P.C. is therefore, dismissed. However, it is open for the petitioner to move a fresh bail application after the statement of injured Ishwar is recorded by the trial court. (H.R.PANWAR), J. rp