S.B.CR. MISC. IIND BAIL APPLICATION NO.153/2009 SAMSU VS. STATE OF RAJ. 27.01.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. SS Sunda, for the petitioner. Mr. SD Khaspuria,Public Prosecutor for the State. This order governs the disposal of second bail petition filed by Shri SS Sunda, Advocate on behalf of the applicant Samsu pertaining to F.I.R. No.56/2008 of Police Station Govindgarh, District Alwar in the offences under Sections 143, 325, 323, 341 and 307 of IPC. Heard the learned counsel for the accused petitioner as also the learned Public Prosecutor appearing for the State and scanned the relevant material including the first bail order dated 21st October, 2008 rendered by this Court. Learned Public Prosecutor has not argued because he has not having the record with him. The learned counsel for the petitioner has contended while drawing my attention to the statements of injured PW/5 Nasaroo, that both the parties scuffled and the injured Nasaroo sustained injury on account of fall on the ground. He has further contended that there is a variation in the nature of injuries recorded on 17th May, 2008 and 18th May, 2008. The injuries enumerated in injury report prepared by Medical Jurists SMS Hospital, Jaipur on 18th May, 2008 do not find place in the injury report prepared by the Medical Officer P.H.C. Govindgarh on 17th May, 2008, which evinces that these injuries No.2 and 4 recorded in injury report of 18th May, 2008 have been manipulated and concocted with ulterior motive. The accused has been in custody for the last 3-4 months and trial is likely to take time. Hence, keeping in view all these factors, the petitioner deserves to be released on bail. -2- The learned Public Prosecutor has merely opposed the bail petition. Having reflected over the submissions made at the bar and properly weighed the evidence, I without commenting on the merits of the case, do not find any good ground to change my earlier view at this stage. Appreciation of the statements of the injured Nasroo may cause prejudice to the accused as also to the prosecution. Hence, this second bail petition, to my view, also deserves to be dismissed. In the result, the second bail petition filed under Section 439 of Cr.P.C. on behalf of the accused petitioner Samsu S/o Shri Bane Singh stands dismissed accordingly. In this case five accused persons are on bail and the petitioner has been in custody for the last four months. Hence, the learned trial Court is directed to expedite the trial of this case and decide the same preferably within a period of three months. (MAHESH BHAGWATI)J. PCG