1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 536/2008 (Bhoma Ram Vs. State of Rajasthan) DATE OF ORDER : 13/02/2008 HON'BLE MR.H.R.PANWAR, J. Mr. J.S.Choudhary for the petitioner. Mr. J.P.S.Choudhary, Public Prosecutor for State. Heard learned counsel for the petitioner and Public Prosecutor for the State. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that injured Govind Ram suffered a lacerated wound on the knee by blunt object, however, subsequently, an interpolation has been made in the injury report and in place of weapon of offence shown as blunt, the word “sharp” has been interpolated. Even according to learned counsel for the petitioner, had the injury been by a sharp edged weapon, then it would have been incised wound and not the lacerated wound though the injury report shows lacerated wound on the knee and even the injury ultimately resulted in fracture which would not traverse beyond offence under Section 325 IPC. The allegation against the petitioner is that he snatched axe from injured Govind Ram and inflicted injury which is highly improbable according to learned counsel for the petitioner. There was a dispute with regard to 2 some Babul trees and it was the complainant party aggressor. The injured Govind Ram came with Axe and inflicted the injuries to the accused party and one of the accused Kanaram suffered incised wound at the hands of the injured. Apart from incised wound, there are number of other injuries and as many as six injuries have been caused to accused Kanaram. Looking to the facts and circumstances of the case and the fact that there prima-facie appears interpolation in the injury report and there being a cross case and in cross case injuries suffered by injured Kanaram are comparatively more in number, having considered the oral arguments advanced by both the parties, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Bhoma Ram S/o Mishri Lal in CR No. 558/2007 P.S. Pipar City, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after 3 conclusion of the investigation on the following conditions:- (i)That he shall make himself available for interrogation by a police officer as and when required; (ii)That he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and; (iii)That he shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp