AMRITLAL AND GAYA PRASAD Vs. STATE

JUDGEMENT

(1.) Accused-petitioners are in jail for about eight months. It is not disputed by the learned Public Prosecutor that no injury has been caused to anybody in the case coupled with the fact that total amount involved in the dacoity is alleged about Rs. 3,000.00 in the F.I.R. and that includes the cost of a buffalo. It is submitted that there is discrepancy in the first information report and the statements of the witnesses. It is further submitted that it is the case of all the prosecution witnesses that accused-persons initially had no intention to commit any offence, they had only demanded something to eat, and when it was denied some incident took place.

(2.) Without expressing any opinion on the merits of the case, looking to the fact that incident took place in 1987 and the identification parade was held after a considerable long time and also the age of the accused-persons coupled with the fact that learned counsel has submitted that to his information, there is no case pending against the accused, I deem it proper to accept this bail application.

(3.) It is, therefore, directed that accused petitioners Amrit Lal and Gaya Prasad shall be released on bail provided they furnish personal bonds in the sum of Rs. 20,000.00 (Rupees twenty thousand) each with two sureties in the sum of Rs. 10,000.00 each to the satisfaction of the trial Court with the stipulation to appear before that Court as and when called upon to do so during the pendency of the trial against them in this case.