Jaggi Vs. State of Rajasthan - Court Judgment

Excerpt:
criminal procedure code - section 439--bail--19 injuries caused with knife--accused armed with spade--no spade injury--accused in custody for 4 months--held, accused be released on bail.;bail granted - - 1. heard, learned counsel for the petitioner and learned counsel for the complainant as well as the learned public prosecutor, and perused the injury report of the deceased malkhena.mohini kapoor, j.1. heard, learned counsel for the petitioner and learned counsel for the complainant as well as the learned public prosecutor, and perused the injury report of the deceased malkhena. he has as many as 19 injuries but most of them appear to have been inflicted by a knife. the present petitioner is said to have been armed with a spade (fawada) and according to the learned counsel for the petitioner, there are no injuries by such a weapon. this matter will have to be decided after recording the statement of the doctor, but considering the nature of injuries, the main accused can be said to be rajendra and padam. this petitioner who has remained in custody for about four months can be released on bail on appropriate conditions.2. it is, therefore, ordered that the accused petitioner jaggi be released on bail provided he furnishes a personal bond in the sum of rs. 10,000/-(rupees ten thousand) with two sureties in the sum of rs. 5,000/- each to the satisfaction of the trial court with the stipulation to appear before that court on all dates of hearing during the pendency of trial in this case with the further conditions:[a] that the petitioner shall not carry any weapon with him; and[b] that he shall not threaten or influence the witness of the prosecution either himself or through any one else.