// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3520/2009 {Jalu Ram and Another Vs. State of Rajasthan} Date of Order ::: 16th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Ashok Kumar Jain, Advocate, for Shri Rakesh Matoria, 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. It is contended on behalf of the petitioners that injured Girdhari sustained five injuries and in X-ray report all the injuries were opined to be simple in nature; they were found to have been inflicted by blunt object, therefore, the offence does not travel beyond the scope of Section 323, I.P.C. After perusal of X-ray report as well as injury-report the learned Public Prosecutor also does not dispute the above facts. The petitioners are in custody. After considering the submissions of learned counsel for the parties, examining the // 2 // 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 of the petitioners under Section 439, Cr.P.C. Hence, it is directed that accused- petitioners, namely, (1) Jalu Ram S/o Shri Balu Ram, R/o 7th M.D., Tehsil Anupgarh, District Sriganganagar, and (2) Chela Ram @ Chena Ram S/o Shri Vishna Ram, R/o Chak 21 M.D., Tehsil Anupgarh, District Sriganganagar (both presently lodged in Sub Jail Raisinghnagar) be released on bail under Section 439 Cr.P.C., in F.I.R. No.167/2009 registered at Police Station Gadsana under Sections 307, 323, 447, 147, 148, 149, I.P.C., 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//