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Judgment
Heard learned counsel for the petitioner 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 petitioner, who is in custody in connection
with F.I.R. No.75/2016, Police Station Ramsar, Barmer for the
offences under Sections 341, 323 and 302 / 34 IPC.
As per the post mortem report of the deceased Ali Khan, he
was found having a solitary head injury which is specifically
assigned by the eye witnesses to the co-accused Nyal Khan. The
petitioner is alleged to have caused an ax blow on the leg of the
deceased but such assertion is not corroborated by medical
evidence.
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 petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner, Ikram Khan arrested in connection
with F.I.R. No.75/2016, Police Station Ramsar, Barmer shall be
released on bail; provided he 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.