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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the challan papers.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.113/2016, registered at Police Station
Panarwa, District Udaipur for the offence under Section 302 / 34
IPC.
As per the challan papers, the highest allegation of the
prosecution which is based on the oral dying declaration of the
deceased Khema, the accused petitioners and one Raju assaulted
the deceased Khema after all consumed liquor together. The
incident happened on 18.10.2016. Khema passed away on
20.10.2016 whereafter, his body was subjected to post mortem.
As per the post mortem report, the medical officer opined the
probable cause of death to be circulatory shock. Thus, apparently
the superficial abrasions which were noticed on body of the
deceased did not prove fatal. Consequently I am of the opinion
that the petitioners deserve to be enlarged on bail.
Thus, having regard to the facts and circumstances available
on record but without expressing any opinion on the merits of the
case, this Court is of the opinion that the petitioners deserve to be
released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioners (1) Ramlal and (2)
Prakashchandra arrested in connection with the F.I.R.
No.113/2016, registered at Police Station Panarwa, District
Udaipur shall be released on bail 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.