Mohammed Sharif vs State Of Rajasthan
2021 Latest Caselaw 8912 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 140/2021

Mohammed Sharif S/o Abdul Shakur, Aged About 59 Years, R/o House No. 147, Ashapura Nagar, Pali, Police Thana Kotwali, Pali. (At Present Lodged In Central Jail, Pali).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Nirmal Kumar Meena S/o Venaram, B/c Meena, R/o 246, Keshav Nagar Pali (Raj.,). Mob. No. 9166640037

----Respondents

For Appellant(s) : Mr. Mohsin Khan For Respondent(s) : Mr. Mohd. Javed Gouri, PP Mr. Om Singh Chouhan

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

06/04/2021

Heard learned counsel for the appellant, learned Public

Prosecutor and learned counsel representing the complainant and

perused the challan papers.

This appeal has been preferred on behalf of the appellant

under Section 14A(2) of the SC/ST (Prevention of Atrocities)

Amendment Act 2015 being aggrieved of the order dated

19.11.2020 passed by learned Special Judge, SC/ST (Prevention

of Atrocities) Cases, Pali in Criminal Misc. Bail Application

No.676/2020 rejecting the bail application preferred on behalf of

the appellant who is in custody in connection with FIR

No.360/2020, Police Station Kotwali, District Pali, for offences

under Sections 341, 323, 325 & 307/34 of the IPC and under

(2 of 2) [CRLAS-140/2021]

Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of

Atrocities) Act.

The bail appeals of the co-accused Shahrukh and Sonu have

been accepted by this Court vide order dated 29.01.2021. The role

assigned to the appellant is almost on the similar footing. Thus,

having regard to the overall facts and circumstances of the case,

this Court is of the opinion that the appellant too deserves

indulgence of bail in this case.

Consequently, the appeal is allowed. The order dated

19.11.2020 is set aside and it is ordered that the accused-

appellant Mohammed Sharif S/o Shri Abdul Shakur arrested in

connection with FIR No.360/2020 Police Station Kotwali, District

Pali shall be released on bail during pendency of the trial; provided

he furnishes 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.

(SANDEEP MEHTA),J 157-/Sudhir Asopa/-

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