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Judgment
Heard learned counsel for the parties and have perused the material available on record.
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in custody in connection with FIR
No.08/2021, Police Station Khuhadi, District Jaisalmer for the offences under Sections 143, 341, 323, 308, 379, 342 of IPC.
It is submitted by learned counsel for the petitioners that charge-sheet has already been filed and irrespective of the nature of injuries, the case has
been registered under Section 308 IPC, rest all the offences are triable by magistrate.
Further submissions have been made that the all alleged injuries are by blunt weapon and none of them are serious.
Learned counsel for Heera Ram made submissions that the cases indicated against the petitioners are all antique, inasmuch as, the same pertain to
year 1989, 1996, 1998, 1999 & 2006.
Further submissions have been made that petitioners are in custody since 19.02.2021 and looking to the present pandemic scenario on account of
COVID-19, they may be released on bail.
Learned Public Prosecutor opposed the bail application. In the circumstances of the case and having gone through the charge-sheet and injury report,
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 applications are allowed. It is ordered that the accused-petitoners -(1) Heera Ram S/o Birbal Ram, (2) Damaram S/o Shri
Heera Ram, (3) Deepa Ram S/o Shri Heera Ram, (4) Chimaram S/o Shri Heera Ram arrested in connection with FIR No.08/2021, Police Station
Khuhadi, District Jaisalmer, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two
sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.