Rajasthan High Court - Jodhpur
Mainpal vs State on 1 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 680/2021
Mainpal S/o Shri Madan Lal, Aged About 31 Years, B/c Jat, R/o
Ward No. 13, Chak 5 Mjw Rohi Dablikalla, Tehsil Tibbi, District
Hanumangarh (Confined In District Jail, Hanumangarh)
----Appellant
Versus
1. State, Through Pp
2. Hakam Ram S/o Shri Pabudan, R/o Mirjawali Mer, Tibbi,
Talwara, District Hanumangarh, Rajasthan.
----Respondents
For Appellant(s) : Mr. Jeetendra Singh Khichi
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/12/2021
Learned Public Prosecutor has submitted a factual report,
wherein it is mentioned that notice upon the respondent No.2 has
been served through the SHO, Police Station Talwara, District
Hanumangarh, however, despite service of notice, none is present
on behalf his behalf.
This criminal appeal under Section 14-A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter to be referred as 'the SC/ST Act') has been filed on
behalf of the appellant being aggrieved with the order dated
16.07.2021 passed by the Special Judge, SC/ST (Prevention of
Atrocities) Cases, Hanumangarh (hereinafter to be referred as
'trial court') in Criminal Misc. (Bail) Case No.125/2021 whereby,
(2 of 3) [CRLAS-680/2021]
the trial court has dismissed the bail application filed on behalf of
the appellant.
The appellant has been arrested in FIR No.68/2018 of Police
Station Talwara, Distt. Hanumangarh for the offences punishable
under Sections 449/149, 364/149, 302/149, 148 IPC and Under
Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act cases,
1989.
Learned counsel for the appellant has submitted that co-
accused - Bhimraj has already been enlarged on bail by this Court
vide order dated 20.11.2021. It is further submitted that
Dr. Kamlesh Kumar (PW-4), who conducted the post mortem of
the dead body has clearly stated that the deceased did not receive
any injury on any vital part and the doctor has also opined that
the injury can be caused by the accident too. Learned counsel has
submitted that from the statements of the eye witnesses recorded
earlier, it is clear that no specific role has been assigned to the
appellant. It is further submitted that the appellant is in custody
since long and trial of the case will take time, therefore, the
appeal may be allowed.
Learned Public Prosecutor has opposed the prayer made on
behalf of the appellant in this criminal appeal.
Heard learned counsel for the appellant as well as learned
Public Prosecutor and also perused the material on record.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to allow the appeal filed by the
appellant under Section 14-A(2) of SC/ST Act.
(3 of 3) [CRLAS-680/2021]
Accordingly, this criminal appeal filed under Section 14-A(2)
of SC/ST Act is allowed and the order dated 16.07.2021 passed by
the trial court in Criminal Misc. (Bail) Case No. 125/2021 is set
aside. It is directed that appellant - Mainpal S/o Shri Madan Lal
shall be released on bail in connection with FIR No.68/2018 of
Police Station Talwara, Distt. Hanumangarh provided he executes
a personal bond in the sum of Rs.50,000/- with two sound and
solvent sureties of Rs.25,000/- each to the satisfaction of learned
trial court for his appearance before that court on each and every
date of hearing and whenever called upon to do so till the
completion of the trial.
(VIJAY BISHNOI),J
90-mohit/-
Powered by TCPDF (www.tcpdf.org)
