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2001 Supreme(Raj) 1588

R.R.YADAV
Shyoji – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Accused/Applicants:Biri Singh, Advocate.
For the Respondent: S.S. Rathore, Public Prosecutor.

JUDGMENT

1. - Heard the learned counsel, Shri Biri Singh, appearing on behalf of the accused applicants; and the learned Public Prosecutor, Shri S.S. Rathore.

2. It is submitted by Shri Biri Singh that in the FIR, the accused applicants are not named. In the statements under Section 161, Cr.RC., the names of the accused applicants did not find place, although, the names of the accused applicants were disclosed by the prosecutrix, in her statement under Section 164, Cr.RC. After evaluating the whole material, collected, the prosecution agency submitted final report, against them. During the course of examination, the accused applicants are summoned by learned Sessions Judge, under Section 319, Cr.P.C. It is further submitted that co-accused Ram Charan and Sheodan, who are shown in the FIR and against whom charge-sheets have been submitted, have already been enlarged on bail, therefore, even on ground of parity, the present accused applicants are entitled to be enlarged on bail.

3. Looking into the totality of the facts and circumstances of the present case, I am persuaded to enlarge the accused applicants, on bail.

4. It is, therefore, ordered that accused applicants, namely, Shyoji, s




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