(1 of 3) [CRLAS-474/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 474/2021 Dharampal S/o Hanumanram, Aged About 28 Years, Ward No. 4, Keshav Colony, 8 Psd (B) Rawala Mandi, Dist. Sri Ganganagar (Raj.). (At Present Lodged At Central Jail, Sri Ganganagar).
----Appellant Versus
1. State Of Rajasthan, Through PP
2. Dyaram Meghwal S/o Sh. Jeetram, Jalwali, Gharsana, Nai Mandi, Dist. Sri Ganganagar (Raj.).
----Respondents For Appellant(s) : Mr. J.S. Bhaleria, through VC For Respondent(s) : Mr. B.R. Bishnoi, AGC HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE) Judgment 02/06/2021 Heard learned counsel for the appellant learned Public Prosecutor and perused the material available on record.
The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.155/2017, Police Station Gharsana, District Sri Ganganagar, for the offences under Sections 419, 420, 467, 468, 471 and 120B IPC, and Section (3)2 of the SC/ST (PA) Act against the order dated 30.04.2021 passed by the learned Special Judge, SC/ST Act Cases, Sri Ganganagar whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the (Downloaded on 02/06/2021 at 08:22:24 PM) (2 of 3) [CRLAS-474/2021] appellant was rejected.
Learned Public Prosecutor has placed on record receipt of service of notice effected upon the respondent No.2 complainant. However, no one has appeared on his behalf.
Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record.
The appellant is in judicial custody in connection with the above offences. The bail appeal of the co-accused Mangat Singh has been accepted by the coordinate bench of this Court vide order dated 06.05.2021 passed in S.B. Crl. Appeal No.411/2021. All the offences alleged against the appellant other than the offences punishable under the SC/ST Act are Magistrate triable and the incident seems to have arisen out of a monetary dispute between the parties.
Thus, 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 appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 30.04.2021 passed by the learned Special Judge, SC/ST Act Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant, Dharampal S/o Hanumanram arrested in connection with F.I.R. No.155/2017, Police Station Gharsana, District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned (Downloaded on 02/06/2021 at 08:22:24 PM) (3 of 3) [CRLAS-474/2021] trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(SANDEEP MEHTA), VJ 59-Pramod/Devesh/-
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