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Judgment
Heard learned counsel for the appellants and learned Public
Prosecutor as well as learned counsel for the complainant. Perused
the material available on record.
The instant appeal has been filed under Section 14A(2)
SC/ST (PA) Act on behalf of the appellants, who are in custody in
connection with F.I.R. No.88/2016, Police Station Jaswantpura,
District Jalore for the offences under Sections 147, 148, 323, 324,
326, 307 & 149 IPC and Section 3(2)(va) of the SC/ST (PA) Act
against the order dated 20.1.2017 passed by the Special Judge,
SC/ST (PA) Cases, Jalore whereby, the bail application preferred
under Section 439 Cr.P.C. on behalf of the appellants was rejected.
Injured Vikram Singh in his statement has clearly mentioned
that the appellant no.2 Gamna Ram was simply standing nearby at the time of the incident with a lathi. So far as the appellant
no.1 Karmiram is concerned, there is an allegation of injured that
he inflicted injuries on his person. No less than 31 injuries were
caused to Vikram Singh in the incident, of which 3 were opined to
be life endangering. In this view of the matter and having regard
to the entirety of facts and circumstances as available on record
and upon a consideration of the arguments advanced at the bar, I
am not inclined to grant bail to the appellant no.1 Karmiram.
However, the appellant no.2 Gamna Ram deserves to be released
on bail.
Consequently, the instant appeal is partly allowed. The
impugned order dated 20.1.2017 passed by the Special Judge,
SC/ST (PA) Cases, Jalore is affirmed qua the appellant no.1
Karmiram whilst the same is set aside to the extent of the
appellant no.2 Gamna Ram. It is ordered that the accused-
appellant, Gamna Ram arrested in connection with F.I.R.
No.88/2016, Police Station Jaswantpura, District Jalore 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.