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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
These bail applications under Section 439 Cr.P.C. have been
preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.82/2017, registered at Police Station
Marwar Junction, District Pali for the offence under Section 379
IPC.
The petitioner Bhagwati Lal @ Pappu is a habitual offender
and as many as nine cases of theft have been registered against
him. Thus, I am not inclined to release the petitioner Bhagwati Lal
@ Pappu on bail.
Accordingly, the bail application no.2768/2017 qua the
petitioner Bhagwati Lal @ Pappu is dismissed as being devoid of
any merit.
As far as other petitioners namely, Karan and Paras are
concerned, investigation has been completed and charge-sheet
has been filed for Magistrate triable offences. Thus, having regard
to the facts and circumstances available on record but without
expressing any opinion on the merits of the case, this Court is of
the opinion that the petitioners Karan and Paras deserve to be
released on bail.
Accordingly, the bail application no.2768/2017 qua the
petitioner Karan and bail application no.2770/2017 preferred on
behalf of petitioner Paras are allowed and it is directed that the
petitioners (1) Karan and (2) Paras arrested in connection with the
F.I.R. No.82/2017, registered at Police Station Marwar Junction,
District Pali shall be released on bail provided they furnish a
personal bond of Rs.50,000/- each 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.
A copy of this order be placed in both the files.