Rajasthan High Court - Jodhpur
Hari Singh vs State Of Rajasthan (2023/Rjjd/015792) on 17 May, 2023
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
[2023/RJJD/015792]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 401/2023
1. Hari Singh S/o Shri Panna Singh, Aged About 52 Years, B/
c Rawat R/o Charedo Ka Badia Cheta Ps Deogarh Dist.
Rajsamand (Lodged In Dist. Jail Dist. Rajsamand)
2. Sawai Singh S/o Shri Hukum Singh, Aged About 50 Years,
B/c Rawat R/o Charedo Ka Badia Cheta Ps Deogarh Dist.
Rajsamand (Lodged In Dist. Jail Dist. Rajsamand)
3. Mohan Singh S/o Shri Gopal Singh, Aged About 49 Years,
B/c Rawat R/o Charedo Ka Badia Cheta Ps Deogarh Dist.
Rajsamand (Lodged In Dist. Jail Dist. Rajsamand)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Sita Devi W/o Bhanwar Lal, B/c Salvi R/o Charedo Ka
Badia Cheta Ps Deogarh Dist. Rajsamand
----Respondents
For Appellant(s) : Mr. Dinesh Chandra Mali
For Respondent(s) : Mr. Laxman Solanki, PP
Mr. Rajkumar Singh for the
Complainant
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order 17/05/2023 The instant appeal has been filed under Section 14-A(2) of SC/ ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.24/2023, Police Station Deogarh, District - Rajsamand, for the offences under Sections 143, 448, 323, 504, 506 of IPC and Sections 3(1)(r)(s), 3(2)(va) of SC/ST Act against the order dated 28.03.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of (Downloaded on 18/05/2023 at 09:33:07 PM) [2023/RJJD/015792] (2 of 3) [CRLAS-401/2023] Atrocities) Cases, Rajsamand whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
2) Learned counsel for the appellants submits that the appellants have falsely been implicated in the present case. It is further submitted that as per injury report, injuries are simple in nature. The accused-appellants are in custody since long and the trial of the case will take long time. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.
3) Learned Public Prosecutor as well as learned counsel appearing on behalf of complainant have vehemently opposed the prayer for bail and submitted that appellants are habitual offenders.
4) Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.
5) Consequently, the instant appeal is allowed. The impugned order dated 28.03.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Rajsamand is set aside. It is ordered that the accused-appellants - (1) Hari Singh S/o Shri Panna Singh (2) Sawai Singh S/o Shri Hukum Singh (3) Mohan Singh S/o Shri Gopal Singh, arrested in connection with FIR No.24/2023, Police Station Deogarh, District - Rajsamand, shall be released on bail; provided they furnish a personal bond of Rs.1,00,000/- each and two surety bonds of Rs.50,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as (Downloaded on 18/05/2023 at 09:33:07 PM) [2023/RJJD/015792] (3 of 3) [CRLAS-401/2023] and when called upon to do so. The appellants are further directed not to take undue advantage of liberty or misuse liberty.
(MADAN GOPAL VYAS),J 119-neha/-
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