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Judgment
Accused-appellants have laid this appeal under Section
14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail
impugned order dated 07.09.2017 passed by Special Judge,
Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities),
Jalore (for short, ''learned trial Court'') rejecting their bail
application under Section 439 Cr.P.C. in respect of FIR
No.250/2017 of Police Station Sanchore, District Jalore for
offences under Sections 143, 341 and 323 / 34 IPC and Sections
3(1)(r)(s) & 3(2)(va) of the Act of 1989.
Heard learned counsel for the appellants, learned Public
Prosecutor, perused the impugned order and other materials
available on record.
Upon perusal of the impugned order in conjunction with the
materials available on record in the backdrop of alleged criminal
delinquency of the appellants, in my opinion, the impugned order
cannot be sustained.
Accordingly, the instant appeal is allowed, the impugned
order passed by learned trial Court is set at naught and it is
ordered that accused-appellants, (1) Megha Ram S/o Shri Bhupa
Ram Bhat, and (2) Thana Ram S/o Shri Popat Ram Bhat, arrested
in connection with F.I.R. No.250/2017 Police Station Sanchore,
District Jalore, may be released on bail; provided each of them
furnishes a personal bond of Rs.50,000/- with two surety bonds of
Rs.25,000/- each to the satisfaction of 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.
