324 Of 1985 From the judgment and order dated 7.7.
148, 379 and 327 of the Indian Penal Code.
149 under Sec.
When the hospital authority sent the message that Bhawaria, the victim of assault, who was admitted in the hospital for treatment has succumbed to his injuries, the Investigating Officer also added an offence under Sec.
Hence this appeal by special leave.
The present appellant moved the High Court of Rajasthan questioning the companyrectness of this order and for cancellation of the anticipatory bail.
An incident occurred on August 23, 1983 in which one Bhanwaria, son of the present appellant received fatal injuries resulting in his death.
758 of 1983.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The learned Judge by his order dated September 30, 1983 accepted the application and granted anticipatory bail to the respondent observing that the dispute is with regard to the right to cultivate a certain field from which when deceased Bhanwaria was companying out, the respondent fired at him and caused the injuries which proved fatal.
Soon thereafter on September 29, 1983, the second respondent Chandan Singh s o Shri Ranjit Singh respondent for short appeared before the learned Sessions Judge, Jodhpur and moved an application under Sec.
1984 of the High Court of Rajasthan in Crl.
An information was lodged with the Police Station, Khedapa, District Jodhpur, Rajasthan State about the occurrence on August 24, 1983 around 11.30 A.M. At that time Bhanwaria was alive and the offence was registered under Sec.
Sobhag Mal Jain and S.K. Jain for the Appellant.
307, 447 read with Sec.
Appln.
Unusual though it may appear to be, under a companypelling necessity in the interest of justice, we would depart from the ordinary response of this Court to matters involving bail.
The Judgment of the Court was delivered by DESAI, J. Special leave granted.
N. Mulla, Surya Kant and B. Sharma for the Respondents.
Ordinarily, this Court is loathe to interfere with the orders granting or refusing bail but it cannot be an insurmountable obstacle in the way of rectifying an order which tends to disclose miscarriage of justice.
