1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 3rd Bail Application No. 9718/2009 Rameshwar vs. State of Rajasthan Dated : 18.12.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. M.K. Kaushik, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Mr. M.K. Kaushik Advocate on behalf of the applicant Rameshwar pertaining to F.I.R. No. 295/2008 at police station Bandikui, District Dausa, in the offences under Sections 323, 341, 324, 326 and 307 of IPC. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the first bail petition was dismissed by this Court on 22nd July, 2009 when the case was at the stage of investigation. Now the police, after completion of investigation, has filed the charge-sheet and the case is pending trial. He further contended that the trial court has recorded the statements of eight prosecution witnesses so far. Learned counsel took me through the statements of PW-1 Dr. S.P. Sharma and canvassed that the Medical Board consisting of three senior Doctors examined the injuries of the injured, X-ray Plates, X-ray report, Neuro Sergical admission and discharge tickets and on their basis did find the injury of Raghuveer Singh to be dangerous to life. Learned counsel finally prayed that the case did 2 not travel beyond the offence under Section 325 of IPC and thus, the petitioner deserves to be released on bail. 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the learned trial court has examined six prosecution witnesses, out of whom, PW-1 Dr. S.P. Sharma is a witness who being a member of the Medical Board examined X-ray Plates, X-ray reports, Neuro Sergical admission and discharge tickets etc, and found that the injury caused to injured Raghuveer Singh was/were not dangerous to life. The witness in his cross-examination albeit admitted that the injury was found on vital part of the body that is on the skull but no complication in the injury was detected. All the vital parts of the body were normal. The examination of the injury also did not suggests that any operation or surgery was conducted by the Doctor. It was a simple case of fracture of bone having no complications. Thus, injury was not found to be dangerous to life. The Medical Board is found to have conducted this examination after the rejection of first bail order hence, in view of the changed facts situation, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Rameshawar in F.I.R. No. 295/2008 at police station Bandikui, District Dausa shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 3 25,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 13