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Judgment
36 paragraphs · 268 wordsThis bail application has been filed under
Section 439 Cr.PC in connection with FIR No.543/2016
registered at Police Station Kothwali Jhalawar, District
Jhalawar for the offences under Sections 341, 323, 307
and 34 IPC.
Learned counsel for the petitioners has
contended that the petitioners have falsely been
implicated in the matter. Learned counsel for the
petitioners have further contended that petitioners have
acquitted in Sessions case no.25/2015(166/2015) by the
Additional Sessions Judge, Jhalawar vide order dated
07.09.2016 and no case is pending against the
petitioners. They are in judicial lock up since long and
conclusion of trial will take time. Hence they should be
released on bail.
Learned Public Prosecutor has opposed the bail
application.
Heard learned counsel for the petitioners and
learned Public Prosecutor appearing for the State and
carefully perused the relevant material made available
on record.
Looking to the overall facts and circumstances
of the case, but without expressing any opinion on the
merits and demerits of the case, I deem just and proper
to enlarge the petitioners on bail.
Therefore, this bail application is allowed
and it is directed that accused petitioners (1) Dhanna
Alias Dhanraj S/o Bal Chand and (2) Sheru Alias Sher
Singh S/o Kamal Singh shall be released on bail under
Section 439 CrPC in connection with aforesaid FIR
provided they furnish a personal bond of Rs.50,000/-
with two sureties of Rs.25,000/- each to the
satisfaction of the trial court with the stipulation
that they shall appear before that Court on all
subsequent dates of hearing and as and when called upon
to do so.
