K.D.SHARMA
NARAYAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
K. D. SHARMA, J.
( 1 ) THESE are two bail applications-S. B. Criminal Misc. Bail Applications No. 556/1982 and No. 800/1982 filed by Narayan and 12 others, in which common questions of law and facts do arise and so they are decided together by one order.
( 2 ) BEFORE dealing with the questions of law involved in these two bail applications, I deem it necessary to state in brief, the incident which gave rise to the applications. The facts thereof are as follows: on April 2, 1981, Suresh Chandra son of Phool Chand Brahmin, resident of Salrea kalan made a first information report to the police at police station, Chechat. It was alleged in the report that at about 4 p. m. on April 2, 1981. Phool Chand, Narayan, Shri Ram, Badri, Ram Karan and Ram Ratan petitioners accompanied by 20 or 25 Dhakars residents of village Sairea Kalan went to the house of one Kanhaiya Lal having armed themselves with lathis, axes, Gandasis and Jhapeta and started throwing stones in his house. Thereafter they set fire to his house. Out of fear Kanhaiya Lal and his companions, namely, Shanker, Anand and Kastura ran away from there. Kanhaiya Lal entered the quarter of one Hira Lal and bolted it from in
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