Rajasthan High Court - Jodhpur
Vijay vs State Of Rajasthan on 7 November, 2022
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1602/2022
1. Nahar Singh S/o Bheem Singh, Aged About 32 Years, R/o
Balicha, Haldi Ghati, Police Station Khamnaur, District
Rajsamand. (At Present Lodged In Central Jail, Udaipur)
2. Nirbhay Singh S/o Chandan Singh, Aged About 20 Years,
R/o Jhindoli, Police Station Gogunda, District Udaipur. (At
Present Lodged In Central Jail, Udaipur)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Shankar Lal S/o Khuman Singh, R/o Krishnawada, Police
Station Gogunda, District Rajsamand.
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 1603/2022
1. Vijay S/o Dinesh, Aged About 24 Years, R/o Rama, Police
Station Sukher, Udaipur. (At Present Lodged In Central
Jail, Udaipur)
2. Kalu Singh S/o Chun Singh, Aged About 27 Years, R/o
Sangath, Police Station Gogunda, District Udaipur. (At
Present Lodged In Central Jail, Udaipur)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Shankar Lal S/o Khuman Singh, R/o Krishnawada, Police
Station Gogunda, District Rajsamand.
----Respondents
For Appellant(s) : Mr. Deepak Menaria
Mr. Mohd. Rasheed
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 07/11/2022 The instant appeals have been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are (Downloaded on 07/11/2022 at 08:56:54 PM) (2 of 3) [CRLAS-1602/2022] in custody in connection with F.I.R. No.506/2022, Police Station Sukher, District Udaipur for the offences punishable under Sections 147, 148, 149, 365, 341, 323, 324, 326 & 307 of the IPC and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act against the order dated 30.09.2022 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Udaipur whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
Learned Public Prosecutor submits that notice of respondent No.2 has already been served through concerned SHO.
Learned counsel for the appellants submits that there are cross-cases between the parties. The appellants are in judicial custody and the trial of the case will take sufficiently long time to be concluded. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, the benefit of bail may be granted to the accused- appellants.
Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the appellants and learned public prosecutor and also perused the material available on record.
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 applications for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. (Downloaded on 07/11/2022 at 08:56:54 PM)
(3 of 3) [CRLAS-1602/2022] Consequently, the instant appeals are allowed. The impugned order dated 30.09.2022 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act Cases), Udaipur, is set aside. It is ordered that the accused- appellants - (1) Nahar Singh S/o Bheem Singh (2) Nirbhay Singh S/o Chandan Singh, (Appeal No.1602/2022), (3) Vijay S/o Dinesh and (4) Kalu Singh S/o Chun Singh, (Appeal No.1603/2022), all arrested in connection with F.I.R. No.506/2022, Police Station Sukher, District Udaipur shall be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- and two surety bonds 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.
(KULDEEP MATHUR),J 184-185-Rashi/-
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