IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6768/2010 Ramesh Chand and Anr. Vs. State of Rajasthan Date of order : 5.8.2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Harendra Singh for the accused petitioners Mr. G.S.Rathore ,Public Prosecutor for the State ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioners is that the offence alleged against the petitioners is one under Section 308 IPC, for which their bail application was rejected by the learned Court below on consideration of the fact that deceased Madan Lal sustained injury on his head and injury No. 5 sustained by him was grievous, whereas injury No. 5 was on shoulder and the injury sustained by Madan Lal on his head was simple. No other criminal case was ever registered against the petitioners. Challan has already been filed and trial of the case is likely to take considerable time. On the other hand, learned Public Prosecutor has opposed the bail applications. However, he is not in a position to dispute the factual correctness of the submissions made by the learned counsel for the petitioners Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioners on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Ramesh Chand S/O Kajod and (2) Rajesh Bai @ Mangi Bai W/O Ramesh Chand shall be released on bail in F.I.R. No. 150/2010 of P.S. Anta, district Baran on their furnishing a personal bond in the sum of Rs.30,000/- each together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. Thanvi