CRLMB9546/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. 2nd Bail Application No.9546/2010 Hariram Son of Shri Mangilal Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 27.10.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Harendra Singh for Shri Biri Singh Sinsinwar, Counsel for petitioner Shri Piyush Kumar, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during arguments of case. It is contended that first bail application of petitioner was rejected on 26.07.2010 by this court with direction that prosecution should examine injured Kanji on priority basis and thereafter petitioner would be at liberty to again apply for bail. Statement of injured Kanji was recorded; he has turned hostile and not supported prosecution case in regard to his own injury. Not only this, informant Shivdas has also turned hostile. Bail application of accused-petitioner was therefore wrongly rejected by learned Additional Sessions Judge (Fast Track), Sawaimadhopur. Other accused have already been enlarged on bail. Learned Public Prosecutor opposed the bail application but was not in a position to dispute that sole injured Kanji and informant Shivdas have turned hostile. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it CRLMB9546/2010 // 2 // just and proper to release the accused-petitioner, namely, Hariram Son of Shri Mangilal, Resident of Village Karad, Police Station Chouth-ka-Barwara, District Sawaimadhopur (at present in District Jail, Sawaimadhopur) on bail under Section 439 Cr.P.C., in FIR No.103/2010, Police Station Chouth- ka-Barwara, District Sawaimadhopur, for offence under Sections 143, 323, 341, 336 and 452 IPC (later on added Section 307 IPC), provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The second bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//