Rajasthan High Court - Jaipur
Amar Singh S/O Gorkhi B/C Gurjar vs State Of Rajasthan Through P P on 13 July, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1257/2018
Amar Singh S/o Gorkhi B/c Gurjar , R/o Kharehata Thana
Masalpur Distt. Karauli Raj. (At Present Confined At Distt. Jail
Karauli)
----Appellant
Versus
State Of Rajasthan Through P P , Jaipur
----Respondent
For Appellant(s) : Mr. Abdul Rahim Khan
For Respondent(s) : Mr. Sudesh Saini PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
13/07/2018
1. Defect pointed out by the Registry is waived, as appellant has withdrawn the bail application. On request of counsel for the appellant, matter is taken up on merits.
2. Appellant has preferred this appeal aggrieved by order dated 29.6.2018 passed by Special Judge, SC/ST Cases, Karauli whereby the bail application filed by the appellant under Section 439 of Cr.P.C. was rejected.
3. F.I.R. No 32/2017 was registered at Police Station Mahila Thana Karauli for offence under Sections 341, 323 I.P.C. and Section 3(2)(VA) SC/ST Act.
4. It is contended by counsel for the appellant that appellant is not required for further investigation. The criminal antecedents pointed out against appellant are prior to the year, 2009. Out of the four criminal antecedents pointed out, appellant stands (2 of 2) [CRLAS-1257/2018] acquitted in two cases. Initially FIR was lodged under Section 341, 323, 354, 354B, 379 IPC and Section 3 of SC/ST Act. It is contended that after due investigation, as per the factual report police has come to the conclusion that offence under Section 341, 323 and Section 3 of SC/ST Act is made out.
5. Learned Public Prosecutor has opposed the appeal.
6. I have considered the contentions.
7. Considering the contentions put forth by counsel for the appellant, I deem it proper to allow the appeal.
8. The order dated 29.6.2018 is quashed and set aside and the appeal is allowed. It is directed that accused-appellant shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) together with two sureties in the sum of Rs.25,000/-(Rupees twenty five thousand) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.
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