Rajasthan High Court - Jaipur
Prem Prakash Sharma S/O Ramhet Tiwari vs State Of Rajasthan on 7 September, 2020
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1271/2020
Prem Prakash Sharma S/o Ramhet Tiwari, Aged About 56 Years,
R/o In Front Of Tiwari Dharamkanta, Choudhary Colony, Agra
Road, Duasa P.S. Kotwali Duasa Raj. (Presently Confined In
Distt. Jail Dausa)
----Appellant
Versus
1. State Of Rajasthan, through P.P.
2. Gopal Lal S/o Sitaram, Aged About 32 Years, R/o Basana
Police Station Nangalrajwatan, Distt. Dausa Raj.
----Respondents
For Appellant(s) : Ms.Chhavi Chaturvedi through VC For Complainant(s) : Mr. Vandana Sharma through VC For State : Mr. Mangal Singh Saini, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 07/09/2020
1. Appellant has preferred this appeal aggrieved by order dated 31.07.2020 passed by Special Judge, SC/ST (Prevention of Atrocities) Act cases, Dausa whereby bail application under Section 439 Cr.P.C. filed by the appellant was rejected.
2. F.I.R. No.196/2018 was registered at Police Station Kotwali, District Dausa for offence under Sections 420, 467, 468, 471, 120-B of IPC and investigation, offence under Section 3(1)(F) of SC/ST act is added.
3. It is contended by the counsel for the appellant that there is an inordinate delay of ten years in lodging of FIR and now parties have amicably settled their dispute.
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4. Counsel for the complainant has not disputed the fact of parties having settled their dispute.
5. Learned Public Prosecutor has opposed the appeal.
6. I have considered the contentions.
7. Considering the contentions put-forth by the counsel for the appellant, I deem it proper to allow the appeal.
8. The order dated 31.07.2020 passed by Special Judge, SC/ST (Prevention of Atrocities) Act cases, Dausa is set aside and the appeal is allowed and the appellant is directed to be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One lac only) and two sureties in the sum of Rs.50,000/- (Rupees Fifty thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.
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