S.B.CR. MISC. BAIL APPLICATION NO.7914/2008 PHOOLA RAM @ PHOOL CHAND VS. STATE OF RAJ. 21.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ram Rakh Sharma, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Ram Rakh Sharma, Advocate on behalf of the applicant Phoola Ram @ Phool Chand pertaining to F.I.R. No.185/2006 of Police Station Khandela, District Sikar in the offences under Sections 323, 325 and 307 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner has contended that he has been falsely implicated in this case. The complainant Makhkhan Ram has sustained only three injuries which have been opined to be simple caused by blunt object as per the injury report prepared by the Doctor. The petitioner has been in custody for quite a long time. The challan has been filed against him and the trial of the case will take some time, as such he may be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that the complainant Makhkhan Ram sustained three injuries on his person and the injury No.3 caused on the left frontal region has been found to be grievous in nature. This injury has been found to be dangerous to life as per the opinion of the Medical Jurist. Having considered the submissions advanced by both the parties and perused the relevant material including the injury report of -2- injured Makhkhan Ram, it is noticed that the injury caused on the left frontal region by the petitioner has been found to be grievous in nature on radiological examination and this injury has been stated to be dangerous to life. Learned counsel for the petitioner has wrongly argued that all the injuries sustained by Makhkhan Ram are simple and caused by blunt object. I, without expressing any opinion on the merits of the case, do not feel inclined to grant bail to the accused petitioner and his bail petition is found to have stood dismissed. In the result, the bail petition filed on behalf of the accused petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG