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