CRLMB 1/09 (1) S.B. Criminal Misc. 5th Bail Application No.1/2009 Kuber Singh @ Kumer Singh Vs. State of Rajasthan Date Of Order :: 2nd February, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Harendra Singh Sinsinwar, for accused petitioner. Ms. Priyanka Pareek, Pubic Prosecutor for State. ........ This fifth bail application under section 439 of the Code of Criminal Procedure has been filed on behalf of the accused petitioner Kuber Singh @ Kumer Singh in Sessions Case No.104/2003 pending in the court of Additional Sessions Judge (Fast Track) No.1, Ajmer arising out of the FIR No.115/2003 registered at Police Station Mangaliwas, District Ajmer for the offence under sections 302, 147, 308 & 323 IPC. Heard learned counsel for accused petitioner as well as learned Public Prosecutor for the State and perused the material placed during the course of arguments. It was inter alia contended that the accused petitioner is suffering from Lumber P.I.V.D. and Diabetes and he is not being provided proper treatment by the jail authorities, therefore, request has been made to enlarge him on bail. Learned Public Prosecutor opposed the bail application and contended that the accused petitioner is involved in the crime of murder and so far his disease is concerned, he is being regularly provided proper treatment and a detailed report of the CRLMB 1/09 (2) medical board is also available and according to that report also, the accused petitioner is being provided treatment. I have considered the rival submissions made at the bar. From the perusal of the report of the medical board dated 18/1/2009, it appears that the accused petitioner is a diabetic patient and also the patient of prolapsed intervertebral disc (Lumbar Spine L5 - S1) and the medical board has also suggested some more investigation. Having taken into consideration the entire facts and circumstances and keeping in view the seriousness of the offence and alleged involvement of the accused petitioner in the crime, I do not deem it proper to allow this fifth bail application. This fifth bail application is rejected accordingly. However, the Superintendent of Jail, Ajmer is directed to provide him all possible treatment of the ailment as suggested by the specialist doctors including his surgery, if so suggested. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A.