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Judgment
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the order under challenge.
This appeal has been preferred on behalf of the appellant
Jabbar Singh under Section 14A(2) of the SC/ST (Prevention of
Atrocities) Amendment Act 2015 being aggrieved of the order
dated 24.03.2017 passed by learned Special Judge, SC/ST
(Prevention of Atrocity) Cases, Jodhpur in Cr.Misc. Case
No.67/2015 rejecting the bail application preferred on behalf of
the appellant who is in custody in connection with FIR
No.137/2015, Police Station Rajeev Gandhi Nagar, Jodhpur, for the
offences under Sections 147, 148, 149, 341, 323, 325, 326 and
307 IPC Sections 3(1)(x) and 3(2)(v) of SC/ST (Prevention of
Atrocities) Act.
The appellant is in custody. The allegation of gunfire is
attributed to the appellant herein and co-accused Gajraj Singh
who has been enlarged on bail noticing the fact that the injuries
caused to the injured persons were simple in nature.
In this view of the matter, this Court is of the opinion that
the appellant is entitled to be released on bail.
Consequently, the appeal is allowed. The order dated
24.03.2017 is set aside. It is ordered that the accused-appellant
viz. Jabbar Singh S/o Shri Narpat Singh arrested in connection
with FIR No.137/2015, Police Station Rajeev Gandhi Nagar,
Jodhpur shall be released on bail during pendency of the trial;
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.