Rajasthan Court January 1993 Judgments
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Dhan Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-1993
Reported in: 1993WLN(UC)52
Milap Chandra, J.1. It is contended by learned Counsel for the accused-petitioner that in the FIR, it is not categorically mentioned that a fire-arm was used, the injury-report of the injured does not show any injury of a fire-arm and as such no offence under Section 307, I.P.C. is made out. He further submits that the learned Magistrate has taken cognizance under Section 307, I.P.C. under the impression that a fire-arm was used by the accused persons. He also submits that the learned Magistrate has not taken cognizance against the accused Chandra Singh, Pankaj, Quayum Qureshi and Paras Ram for any offence, there remains three accused-persons only, as such there arises no question of the commission of offences under Sections 147 & 148 I.P.C. after thorough investigation, the police filed challan against the accused persons under Sections 147, 148, 447 and 323, I.P.C. only and in rare case only a Court can take cognizance against other persons under Section 319, Cr.P.C. He placed relian...
Rana Ram S/O Shri Rochi Ram Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-1993
Reported in: 1993WLN(UC)56
Milap Chandra, J.1. It is contended by learned Counsel for the accused-petitioner that the case of the accused-petitioner Rana Ram is similar to the case of the co-accused Gopa Ram, Gajendra Singh, Mohan Singh and Manoj Chaudhari who have been granted bail. He further submits that by order dated 18.01.93 the co-accused Jitendra has also been granted bail. He further submits that no overt act has been assigned in the FIR against the accused-petitioner Rana Ram. He lastly submits that the fact that four cases are pending against the accused-petitioner cannot be a ground for rejection of bail He relied upon Jai Chand v. State, 1991 (3) Crimes 63 (Rajasthan).2. In reply, it is contended by learned Counsel for the complainant and the learned P.P that if the accused-petitioner Rana Ram is released on bail the witnesses would not be able to give correct statements before the trial Court as he is a person of bad character and already four cases are pending against him.3. Under the facts and ci...
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