IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6230/2009 Shankar lal & Anr. v/s State of Rajasthan Date : 24.8.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Devendra Kumar Bhardwaj, for accused petitioners. Mr. Paresh Choudhary, Public Prosecutor, for State. Mr. Rajesh Sharma, for the complainant. This order governs the disposal of bail petition filed under section 439 of Cr.P.C. by Mr. Devendra Kumar Bhardwaj Advocate on behalf of the applicants pertaining to FIR No.144/2009 of Police Station Virat Nagar, District Jaipur in the offence under section 147, 149, 341, 323, 452 and 308 of IPC. 2. Heard the learned counsel for the petitioners, learned counsel for the complainant as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has canvassed that all the injuries allegedly caused by the petitioners to Ramesh @ Rameshwar have been found to be simple in nature and caused by blunt object. Even the injury on skull is also simple. From these injuries, it does not travel beyond the offence under Section 323 of IPC. From no stretch of imagination, the offence under Section 308 of IPC is made out. Hence, the petitioners may be granted indulgence of bail. 4. Learned counsel for the complainant as also learned Public Prosecutor have opposed the bail petition. 5. Having considered the submissions made at the Bar and perused the relevant material available on record, it is noticed that the injured was admitted in SMS Hospital, Jaipur, where he was treated for his injury of head. The patient remained admitted in the Hospital for ten days and on C.T. Scan, a tumor was found to be in brain. Initially, this injury was taken to have been caused by the petitioners but later on when Investigating Officer made a query to the treating Doctor as to whether this injury was life threatening or not, the Medical Officer gave his opinion as under:- “As per admission and discharge record of department of Neuro Surgery, SMS Hospital, Jaipur MRI and C.T. Scan report of Rameshwar S/o. Ram Chandra shows a tumor of 29x39x26 mm on Thelamic region of brain, which is not concerned with injury occurred on 08.07.2009. Report also shows that there is no evidence of cranial and intra- cranial injury. Therefore, injuries given in MLR No. 322 are simple and blunt” 6. Thus, it is tangible that the injured sustained only simple injuries and the injury of brain has got no nexus to the injuries caused on the date of occurrence. Hence, I, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the petitioners and the bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioners namely Shankar Lal S/o Shri Choturam Gurjar; and Ramjilal Gurjar S/o. Choturam in FIR No.144/2009 of Police Station Virat Nagar, District Jaipur, shall be released on bail on furnishing a personal bond each in the sum of Rs.20,000/- together with two surety bonds each in the sum of Rs. 10,000/- to the satisfaction of the learned trial court with the stipulation that they shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Mak/- 13