S.B.CR. MISC. IIND BAIL APPLICATION NO.4683/2008 GIG RAJ VS. STATE OF RAJ. 25.07.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI,J. Mr. JS Tanwar for the petitioner. Mr. BK Sharma, Public Prosecutor. Mr. Subhash Sharma for the complainant. This order governs the disposal of second bail application filed by Shri JS Tanwar, Advocate on behalf of the applicant Gig Raj pertaining to F.I.R. No.193/2008 of Police Station Khetri, Distt.Jhunjhunu in the offences under Section 147, 447, 323, 326, 307, 120-B & 109 IPC. Heard the submissions advanced by the learned counsel for the petitioner, learned Public Prosecutor appearing for the State and perused the report of S.H.O. Khetri dated 22nd July, 2008 and relevant material available on record. The learned counsel for the petitioner has contended that all the co-accused persons have been released on bail in this case. The accused petitioner-Gig Raj is 70 years old and a retired Government Servant from Police Department. No injury has been attributed to him. It is simply stated in the FIR that the accused shouted “Maro Salon Ko”. So for abetment he has been falsely implicated. The learned counsel has further submitted that the challan has been filed in the Court and the trial has commenced which is likely to take time. Hence to meet out the ends of justice, he deserves to be released on bail to defend himself independently. -2- Per contra, the learned Public Prosecutor appearing for the State has submitted that the accused petitioner-Gig Raj has been facing trial in more than one criminal cases in the Courts. Albeit, the report of S.H.O. Of Police Station Khetri, dated 22nd July, 2008 does not reveal the pendency of any criminal case other than this against him, yet in the earlier order pronounced by this Court it is categorically mentioned that Gig Raj was convicted in the offence under Section 323 of IPC. Hence, his bail petition deserves to be dismissed. Having reflected and ruminated the submissions advanced by the learned counsel for the petitioner and the learned Public Prosecutor for the State and scanned the report dated 22nd July 2008 submitted by S.H.O. Of Police Station Khetri, it is found that the accused petitioner Gig Raj has been charge sheeted in the offences under Section 147, 148, 323, 324, 326, 307, 120-B & 109 of IPC, whereas the accused persons Narayan Ram, Mohan Lal, Heera Lal and Smt. Gyarsi Devi have been charge sheeted simplicitor in the offences under Section 147, 148, 323, 324, 326 and 307 IPC. The report further reveals that the charge sheet has been filed in the Court of A.C.J., Khetri on 3rd July, 2008. It is not made out from this report that the accused petitioner has been facing trial in many other criminal cases than the present one nor is it found that the antecedents of the petitioner Gig Raj have any blemish. Hence, in view of these changed circumstances, and especially the age of the petitioner, I deem it proper to enlarge the accused petitioner Gir Raj on bail. In the result, the second bail petition filed on behalf of the accused petitioner Gig Raj is allowed and it is ordered that he be released on bail; on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties each of Rs.25,000/- to the satisfaction of ACJM Court, Khetri with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial of the case is concluded. (MAHESH BHAGWATI),J. PCG