Ganpat Singh vs State Of Rajasthan
2021 Latest Caselaw 18949 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 528/2021

Ganpat Singh S/o Shambhu Singh, Aged About 25 Years, Napaniya Khera, Dabok P.s. Dis. Udaipur At Present Central Jail Udaipur

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Gamera S/o Chaina, Tank, Dabok P.s. Dis. Udaipur

----Respondents Connected With S.B. Criminal Appeal (Sb) No. 529/2021 Madan Singh S/o Daulat Singh, Aged About 32 Years, Sakroda, P.s. Pratapnagar, Dis. Udaipur At Present Central Jail Udaipur

----Appellant Versus

1. State, Through Pp

2. Gamera S/o Chaina, Tank, P.s. Dabok, District Udaipur

----Respondents S.B. Criminal Appeal (Sb) No. 551/2021 Lal Singh S/o Shri Kishan Singh, Aged About 37 Years, B/c Rajput, R/o Sakroda, Pratap Nagar Police Station, Udaipur, District Udaipur (Confined In Central Jail, Udaipur)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Gamera S/o Shri Chaina, B/c Bheel, R/o Tank, Dabok Police Station, District Udaipur.

                                                                ----Respondents


For Appellant(s)         :     Mr. JVS Deora
                               Mr. Naresh Singh
For Respondent(s)        :     Ms. Anita Gehlot, PP



           HON'BLE MR. JUSTICE VIJAY BISHNOI



                           Judgment / Order

13/12/2021

     These    criminal    appeals       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') have

been filed on behalf of the appellants being aggrieved with the

orders dated 17.05.2021, 11.06.2021 and 28.05.2021 passed by

the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur

(hereinafter to be referred as 'trial court') whereby, the trial court

has dismissed the bail applications filed on behalf of the

appellants.

The appellants have been arrested in FIR No.41/2021 of

Police Station Dabok, Distt. Udaipur for the offences punishable

under Sections 147, 148, 365, 302 IPC and under Section 3[2][v]

[va] of SC/ST Act.

Learned counsel for the appellants have submitted that co-

accused namely Mahipal Singh has already been granted benefit of

bail. It is further submitted that name of appellants Ganpat Singh

and Lal Singh is not figured in the FIR, however, some of the

witnesses have named them, but no specific role has assigned to

them. It is also submitted that so far as appellant Madan Singh is

concerned, witness Ganpat Singh has specifically stated that he

came on the site at a later stage after the beating of deceased

Raju by other accused persons.

Learned Public Prosecutor has opposed the prayer made on

behalf of the appellants in these criminal appeals.

Heard learned counsel for the appellants 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

appellants under Section 14-A(2) of SC/ST Act.

Accordingly, these criminal appeals filed under Section 14-

A(2) of SC/ST Act are allowed and the orders dated 17.05.2021,

11.06.2021 and 28.05.2021 passed by the trial court are set aside

and it is directed that appellants - Ganpat Singh S/o Shri

Shambhu Singh, Lal Singh S/o Shri Kishan Singh and Madan Singh

S/o Shri Daulat Singh shall be released on bail in connection with

FIR No.41/2021 of Police Station Dabok, Distt. Udaipur provided

each of them 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 their 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

118 to 120 Arun

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