1 S.B.Cr.Misc. Bail App. No. 4072/2007 (Devi Lal & Ors. Vs. State of Rajasthan) Date of order : 23/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. Pawan Ojha for the petitioners. Mr. Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioners that deceased Roopsingh himself inflicted axe blows to various persons who came in his way and thereafter the villagers surrounded him. It is alleged that he was assaulted and succumbed to the injuries. The postmortem report shows single injury i.e. fracture of frontal bone, a haematoma of about 5”x1”x1/2” over frontal lobe of brain. No other injuries have been mentioned in the post mortem report. It is not clear that which of the accused persons inflicted the single injury. Be that as it may, the evidence available on record shows that the deceased himself caused incriminating injuries to various persons by axe. He inflicted injury to Rodilal on his neck and hips and Rodilal fell down. The deceased continued to run and after covering distance of 500 meters, he inflicted injury to Hiralal on skull by axe who was grazing the she-goats. Thereafter also he inflicted injuries to various persons and then he was surrounded by the villagers. Looking to the facts and circumstances of the case and the fact 2 that no specific overt act has been assigned to any of the petitioners, having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I think it just and proper to enlarge the accused petitioners on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioners Devi Lal S/o Kheema Vadera, Nakuda S/o Ramji Vadera, Shambhu S/o Goma Gameti, Bhanwar Lal S/o Ambav Gameti, Mangi Lal S/o Ambav Gameti, Soma S/o Deva Gameti, Chaggan Lal S/o Mangla Solanki, Takiya S/o Maiyanga Gameti, Jalma S/o Mangla Solanki, Amra S/o Heema Gameti, Durga Shanker S/o Bhera Gameti and Shanti Lal S/o Dharma Relot be released on bail in FIR No. 75/2007 P.S. Jhadol, district Udaipur provided each of them executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP