High CourtsSINGLE BENCH(2017) 04 RAJ CK 0027

Kishore Kumar S/o Shri Pratap Chand vs State of Rajasthan

Rajasthan High Court · Decided on 6 April 2017

HON’BLE JUDGES
Sandeep Mehta
RESULT
Allowed
CASE NUMBER
464 of 2017

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Judgment

6 paragraphs · 238 words
1.

Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.

2.

The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.88/2017, Police Station Bhinmal for the offences under Sections 341, 323, 325 / 34 IPC and Section 3(1)(r)

(s) and 3(2)(va) of the SC/ST (PA) Act against the order dated 28.3.2017 passed by the learned Special Sessions Judge, SC/ST

(PA) Cases, Jalore whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

3.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the appellants deserve to be enlarged on bail.

4.

Consequently, the instant appeal is allowed. The impugned order dated 28.3.2017 passed by the Special Sessions Judge, SC/ST (PA) Cases, Jalore is set aside. It is ordered that the accused-appellants, Kishore Kumar and Nirmal Kumar arrested in connection with F.I.R. No.88/2017, Police Station Bhinmal shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.