// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3827/2009 {Jagannath @ Jagna & Another Versus State of Rajasthan} Date of Order ::: 21st July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Umesh Shrimali, counsel for the petitioners Shri Ashok Prajapat, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. The learned counsel for the petitioners submitted that as per injury report of injured Mithu Lal, he sustained two injuries by sharp edged weapon; the opinion was kept reserved; as per X-ray report, both the injuries were found to be simple in nature, therefore, case will not travel beyond the scope of Section 324 IPC; the injury report and X-ray report of Mithu Lal were referred during the course of arguments; the petitioners are in judicial custody, therefore, looking to all the facts and circumstances of // 2 // the case, they may be released on bail. Learned PP opposed the bail application. After considering the submissions of learned counsel for the parties, examining the 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 under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner(s), namely (i) Jagannath @ Jagna S/o Shri Dunga and (ii) Rameshwar Lal S/o Shri Jagannath @ Jagna, be released on bail under Section 439 Cr.P.C., in F.I.R. No. 120/2009, Police Station Rashmi, District Chittorgarh registered under Section(s) 323, 326 & 307 IPC, 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 before that Court on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//