// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3708/2009 {Manak Ram and Sohan Lal Vs. The State of Rajasthan} Date of Order ::: 23 rd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri J.S. Choudhary, Counsel for petitioners Shri Ashok Prajapat, PP for the State #### By the Court: Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioners argued that initially the F.I.R. was registered under Sections 341, 323 and 143 I.P.C.; however, during investigation, offence under Section 308 I.P.C. was added but, after completion of investigation, charge-sheet was filed under Section 307 I.P.C.; from injury-report of injured Bajrang Lal and his X-ray-report, it is clear that Injuries No.1, 2, 4 and 5 are simple in nature caused by blunt object whereas Injury No.3 was advised to X-ray which was ultimately found to be grievous in nature but the same was not opined to be dangerous to life. The above facts have not been disputed by the learned Public Prosecutor also on the basis of challan // 2 // papers. The statement of independent witness Raghunath was also referred during the course of arguments. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioners, namely, (1) Manak Ram S/o Ram Lal and (2) Sohan Lal S/o Manak Ram, both R/o Bangla Nagar, Bikaner, be released on bail under Section 439 Cr.P.C., in F.I.R. No.55/2009 registered at Police Station Naya Sahar, under Sections 307, 323, 325 and 34 of the IPC, provided each of them furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//