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DAMA v STATE - CRLMB Case No. 3596 of 2007 [2007] RD-RJ 4251 (30 August 2007)

S.B.Cr.Misc. Second Bail Appl. No.3596/2007

(Dama vs. State of Rajasthan)

Date of order : August 30, 2007


Mr.T.R.Singh Sodha, for the petitioner.

Mr.Ashok Upadhyaya, Public Prosecutor.

Mr. Dhirendra Singh, for the complainant.

This is second bail application.

Heard learned counsel for the petitioner and the Public

Prosecutor for the State assisted by the counsel for the complainant. Perused the challan papers and the statements of the witnesses.

Learned counsel for the petitioner has shown the statement of PW.1 Shanti. She did not support the prosecution case and turned hostile.

Learned counsel for the parties submit that the parties have compromised the matter and, therefore, no evidence adverse to the petitioner is likely to come. Mr.Dhirendra Singh does not dispute this fact.

Having regard to the facts and circumstances of the case and the fact that parties have compromised the matter and the principal witness has turned hostile, I think it just and proper to enlarge the accused petitioner on bail.

Accordingly, the bail application filed under Sec. 439

Cr.P.C. is allowed and it is directed that petitioner Dama s/o

Keshra Meena be released on bail in FIR No.50/2007, P.S.

Jahajpur, Distt. Bhilwara provided he furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(H.R.PANWAR),J. m.asif/-


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