1 S.B. Cr. Bail Application No. 1172/2008 (Parmeshwar Vs. State of Rajasthan) Date of order : 25.03.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Dev Krishan Gaur for the petitioner. Mr. Ashok Upadhyay, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that the head injury to injured alleged to have been caused by Ramchandra and there is no specific injury assigned to the present petitioner. Learned public prosecutor has received the case diary and contended that injured witnesses have shown the presence and participation of the present petitioner in the commission of crime and injured Meghsingh has been seriously injured and remained hospitalized in PBM Hospital, Bikaner for number of days in the Neurology department. The trial court while rejecting the bail of the petitioner under Section 438 Cr.P.C. by order impugned dated 23.2.2008 also noticed that there is a specific evidence of the petitioner causing injuries in furtherance of the common object, yet the police kept the matter pending investigation under Section 173 (8) Cr.P.C. and the reasons are not clear as to why such an investigation has been kept pending when there is clear involvement. Injured Meghsingh has been hospitalized after having suffered serious injuries though counsel for the petitioner submits that he has 2 later been discharged from the Hospital. Be that as it may, keeping in view the serious allegation and participation of the petitioner as per the investigation diary, in my view, it is not a fit case to grant anticipatory bail to the petitioner. The bail application filed by the petitioner under Section 438 Cr.P.C. is therefore, dismissed. At this stage, learned counsel for the petitioner submits that the petitioner would surrender before the investigating officer and the investigating officer may be directed to produce the petitioner before the concerned Court on the same day and if the petitioner moves a regular bail, the concerned court may be directed to decide the same on the same day. In view of the statement of the counsel for the petitioner, let the petitioner surrender before the investigating officer in early hours of the day on or before 01.04.2008 and the investigating officer shall produce him before the concerned court on the same day and if the petitioner moves a regular bail, the concerned Court shall decide the same in accordance with law on the same day. (H.R.PANWAR), J. rp