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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioners, who are in custody in
connection with F.I.R. No.84/2016, Police Station Bijrad, District
Barmer for the offences under Sections 147, 323, 325, 341,
307 / 149 and 447 IPC.
The specific allegation of causing injuries to Hamid and Ghazi
is against the co-accused Hasan and Sheru. Bail application filed
on behalf of co-accused Ali Khan, Kabool, Hadi, Sheru and Sadda
Ram, whose case stands on an identical footing with that of the
petitioners, has been accepted by Coordinate Bench of this Court.
Thus, having regard to the entirety of facts and circumstances as
available on record and upon a consideration of the arguments
advanced at the Bar but without expressing any opinion on the
merits of the case, this Court is of the opinion that the bail
application filed by the petitioners deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioners, Hayat Khan, Adroof, Hanif Khan and
Gafoor arrested in connection with F.I.R. No.84/2016, Police
Station Bijrad, District Barmer 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.