1 1 S.B.CRIMINAL MISC.THIRD BAIL APPLICATION NO.5630/2009 Mukhtyar Singh @ Papiya Vs. The State of Rajasthan DATE OF ORDER : 10th March 2010 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.D.S.Gharsana,for the petitioner. Mr.O.P.Singaria,Public Prosecutor for State. .... BY THE COURT The petitioner, accused of offences under Sections 307, 447, 427, 435, 143 IPC has moved this third application for bail particularly after recording of the statements of the injured Pragat Singh as PW-1. The learned counsel for the petitioner has strenuously argued on the bail plea of the petitioner with reference to the statements of the injured Pragat Singh (PW-1) as recorded on 10.02.2010. The learned counsel contended that the matter had admittedly been of long drawn land dispute between the parties wherefor civil litigation is also pending and the present case has only been of false implication with exaggeration. The learned counsel submitted that as per the statement made by the injured, he was fired at from a distance of about 80-90 metres and that too after day-light had faded and darkness had set in; with no lights being available at the site. The learned counsel further submitted that the statement made by the injured in the Court rather contradicts the allegations in the investigation that he made the statement to the police on 29.03.2009. 2 At this stage of the proceedings,when the matter is at evidence stage, this Court would not like to make any observations on the merits with minute examination of statements of the injured but looking to the totality of the facts and circumstances, where the injured has specifically alleged that the petitioner fired 3-4 times from 12-bore gun; and it is noticed that the 'parcha bayan' was taken at 11:40 p.m. on 29.03.2009 and the report was registered at 00:45 a.m. on 30.03.2009, the submissions as made by the learned counsel, do not make out a case for grant of indulgence in this third bail application. Accordingly, this third bail application moved on behalf of the petitioner Mukhtyar Singh s/o Gurbachn Singh under Section 439 Cr.P.C. stands rejected. However, in the totality of the facts and circumstances, it is considered appropriate and hence observed that if the petitioner makes a request before the learned Trial Court for expeditious proceedings, the same be given due consideration; and the learned Trial Court may try to assign a reasonable priority to this case curbing against unnecessary delay. (DINESH MAHESHWARI),J. s.soni