Rajasthan High Court - Jodhpur
Kamlesh vs State Of Rajasthan on 1 December, 2020
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 899/2020
Kamlesh S/o Jagdish Joshi, Aged About 25 Years,
R/o.Gayriyawas, Near Navoday Vidhyalay, Police Station
Rajnagar, District Rajsamand.
(At Present Lodged In District Jail Rajsamand).
----Appellant
Versus
1. State Of Rajasthan, Through P.p.
2. Abhishek Khinchi S/o Shri Mahnesh Chandra Khinchi,
R/o.Kalal Wati, Rajnagar, Police Station Rajnagar, District
Rajsamand.
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 867/2020
Shiv Lal @ Shiva S/o Shri Mangi Lal Mali, Aged About 21 Years,
R/o Sanwad , P.s. Rajnagar , Tehsil And Distt. Rajsamand
(At Present Lodged In Distt. Jail , Rajsamand)
----Appellant
Versus
1. State, Through Pp
2. Abhishek Khinchi S/o Shri Mahensh Chandra Khinchi, R/o
Kalal Wati , Rajnagar , P.s. Rajnagar , Distt. Rajsamand
----Respondents
For Appellant(s) : Mr. Deepak Menaria through Video
Conferencing on Cisco Webex App
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
None present for the respondent No.2
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 01/12/2020 Despite service, nobody is appearing on behalf of the respondent No.2.
(Downloaded on 02/12/2020 at 08:29:18 PM)
(2 of 3) [CRLAS-899/2020] Both the aforesaid appeals shall stand decided by this common order as they arise out of the same F.I.R.
The instant appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No. 272/2020, Police Station Rajnagar, District Rajsamand for the offences under Sections 341, 323, 307/34 of I.P.C. and Section 3 (1)(S)(R), 3(2) (VA) of the SC/ST (Prevention of Atrocities) Act against the orders dated 06/10/2020 & 03/10/2020 passed by the Special Judge, SC/ ST (Prevention of Atrocities) Cases, Rajsamand whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
Heard. Perused the material available on record. It is submitted by learned counsel for the appellants that the appellants have only accompanied the accused Sarin who has been attributed the injury inflicted by sharp edged weapon. The appellants are behind the bars for almost two months.
Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellants deserve to be enlarged on bail.
Consequently, the instant appeals are allowed. The impugned orders dated 06/10/2020 & 03/10/2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Rajsamand are set aside. It is ordered that the accused-appellants (1) Kamlesh S/o Jagdish Joshi & (2) Shiv Lal @ Shiva S/o Shri Mangi Lal Mali (Downloaded on 02/12/2020 at 08:29:18 PM) (3 of 3) [CRLAS-899/2020] arrested in connection with F.I.R. No. 272/2020, Police Station Rajnagar, District Rajsamand shall be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- (Rupees:
Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees:
Twenty Five Thousand Only) 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.
(VINIT KUMAR MATHUR),J 50-SanjayS/-(Downloaded on 02/12/2020 at 08:29:18 PM)
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