between Guddu and accused this witness came out of the
house and they saw Sadhu armed with the iron pipe while
accused Chabilal was armed with iron rod. Guddu was
assaulted over his head and when these witnesses started
intervening in the quarrel accused ran away. Guddu
sustained bleeding injuries over his head and ultimately he
succumbed to the death. The medical evidence of Dr. Ashok
shows that there are several injuries on the person of the
deceased Gudu, however injury no.1, i.e., CLW over left
parietal region oblique in direction from upward to
downward on posterior direction area 8cm.x 1cm. x bony
deep, is responsible for the death. The other injuries are
not that serious and not possible for causing the death of
deceased. The evidence led by the prosecution prima facie
fails to establish as to who has caused injury no.1 to the
deceased. It is equally possible that the absconding
accused may have caused the fatal injury. There is no
positive evidence on record to show that the present
applicant has caused the injury no.1. Therefore, we find
that this is a case for grant of bail. Moreover it is an
admitted fact that during the trial the applicant was on
bail. Therefore the application is allowed. Sentence
imposed on the applicant is suspended. Applicant be
released on a bail of Rs.10,000/- with a like surety till
the final disposal of the appeal.
