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Judgment
Heard learned counsel for the appellants and learned Public
Prosecutor. Perused the order under challenge.
This appeal has been preferred on behalf of the appellants
under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act
being aggrieved of the order dated 25.4.2017 passed by learned
Special Judge, SC/ST (Prevention of Atrocity) Cases, Sirohi in Cr.
Case No.164/2017 rejecting the bail application preferred on
behalf of the appellants who are in custody in connection with FIR
No.98/2016, Police Station Mandar, for the offences under
Sections 341, 323 and 325 / 34 IPC and Section 3(1)(R)(S), 3(2)
(Va) of SC/ST (Prevention of Atrocities) Act.
Learned counsel for the appellants submits that without
prejudice to their defences, the appellants by way of humanitarian
approach, are ready to offer compensation to the tune of
Rs.20,000/- to the injured Ranchhod for the pain and suffering
caused by the injuries caused to him. He thus urges that the
appellants deserve to be enlarged on bail.
Learned Public Prosecutor opposes the submissions advanced
by the appellants'' counsel and urges that if at all this Court is
inclined to enlarge the appellants'' bail, the amount of
compensation being offered may be enhanced.
Having regard to the entirety of facts and circumstances as
available on record and considering the fact that the appellants
are ready to offer compensation to the tune of Rs.20,000/- in all
to the injured Ranchhod, the prayer for bail made on their behalf
deserves to be accepted.
Consequently, the appeal is allowed. The order dated
25.4.2017 is set aside. It is ordered that the accused-appellants
(1) Mahendra Singh and (2) Bhagawat Singh arrested in
connection with FIR No.98/2016, Police Station Mandar shall be
released on bail during pendency of the trial; upon the appellants
depositing a sum of Rs.20,000/- in all in the trial Court by way of
a demand draft prepared in the name of injured Ranchood and
further 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. The demand draft upon being submitted shall be
disbursed to the injured Ranchhod.
It is clarified that the offer of compensation made by the
accused appellants shall not be treated to be prejudicial to their
defences at the trial.