Rajasthan High Court - Jodhpur
Haresh Bhai vs State Of Rajasthan (2024:Rj-Jd:5292) on 1 February, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:5292]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 142/2024
Haresh Bhai S/o Shri Dhanji Bhai, Aged About 29 Years, R/o
Bileshwarpura P.s. Kalol Taluka, Dist. Gandhinagar, Gujarat.
(Presently Lodged At Dist. Jail, Sirohi)
----Appellant
Versus
1. State Of Rajasthan, Through PP
2. Bhikha Bhai S/o Shri Sukha Bhai, R/o At Present Behind
Bileshwarpura Dantaniwada Kalol, Dist. Gandhinagar,
Permanent R/o Charada, P.s. Mansa, Dist. Gandhinagar,
Gujarat.
----Respondents
For Appellant(s) : Mr. Dhirendra Singh, Sr. Advocate
assisted by Ms. Priyanka Boran
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order 01/02/2024
1. The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.82/2023, Police Station Mount Abu, District Sirohi for the offences under Sections 302 and 114 of the IPC, being aggrieved by the order dated 01.12.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi in Criminal Misc. Case No.722/2023, whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court.
(Downloaded on 02/02/2024 at 09:08:08 PM) [2024:RJ-JD:5292] (2 of 4) [CRLAS-142/2024]
2. Despite intimation to the victim/complainant of the case regarding hearing of the bail plea, no one is present on his behalf.
3. It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offence. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellant behind the bars. He, therefore, prays that benefit of bail may be granted to the appellant.
4. Per contra, learned learned Public Prosecutor has opposed the submissions made by the learned counsel for the appellant.
5. Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record. The eye-witness account of the incident is not available on record and the case of the prosecution mainly and wholly hinges upon some circumstances put forth on record. However, none of them are definite in tendency and conclusive in nature and the material brought on record do not unerringly pointing towards the guilt of the accused. After conducting thorough investigation, the police agency filed a report under Section 173 Cr.P.C. in the form of charge sheet and the conclusion reached by the Investigating Officer is very much relevant for consideration of the instant bail (Downloaded on 02/02/2024 at 09:08:08 PM) [2024:RJ-JD:5292] (3 of 4) [CRLAS-142/2024] application. The relevant part of which deemed appropriate to reproduce herein under:-
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6. In view of the above and upon consideration of the fact that co-accused Arvind Thakor S/o Shri Dhiraji has been released on bail vide order dated 09.01.2024 passed in S.B. Criminal Appeal (Sb) No.2630/2023, thus, on the ground of parity and looking to the fact that early culmination of the trial is not a seeming fate, concession of bail ought to have been granted in favour of the petitioner.
7. Consequently, the instant appeal is allowed. The impugned order is set aside. It is ordered that the accused-appellant, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.
(FARJAND ALI),J 21-divya/-
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