Kaluram vs State Of Rajasthan
2021 Latest Caselaw 19493 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 814/2021

Kaluram S/o Gheesaram, Aged About 30 Years, R/o Jogi Colony, Manpura, Bhakti Police Station Sadar, Pali At Present District Jail Pali

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Mahendra S/o Ramlal, R/o Bavri, Pabunada, Manpura, Bhakhari Pali, Sadar Pali

----Respondents

For Appellant(s) : Mr. Narendra Singh Rajpurohit. For Respondent(s) : Mr. Mukesh Rajpurohit, P.P.

Mr. J.P. Bhardwaj.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

20/12/2021

The instant appeal has been filed under Section 14A SC/ST

(Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is

in custody in connection with F.I.R. No.135/2021, P.S. Sadar Pali,

District Pali, for the offence under Section 307/34 of IPC and Section

3(2)(V) of S.C./S.T. Act against the order dated 25.08.2021 passed

by the learned Special Judge Scheduled Cast/Scheduled Tribe

(Prevention of Atrocities Act Cases), Pali, District Pali, whereby, the

bail application preferred under Section 439 Cr.P.C. on behalf of the

appellant was rejected.

Counsel for the appellant submits that compromise has arrived

at between the parties. Counsel further submits that injured has

already been discharged from the hospital. Challan of the case has

(2 of 2) [CRLAS-814/2021]

already been presented. Accused-appellant is in judicial custody and

the trial of the case will take sufficient long time to be concluded.

Therefore, the benefit of bail should be granted to the accused-

appellant. The learned court below has grossly erred in law and facts

as well in declining to release the appellant on bail.

Learned Public Prosecutor and learned counsel for the

complainant have opposed the prayer for bail.

Heard learned counsel for the appellant and learned public

prosecutor and also perused the material available on record.

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 25.08.2021 passed by the learned Special Judge

Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases),

Pali, District Pali is set aside. It is ordered that the accused-appellant

Kaluram S/o Gheesaram arrested in connection with F.I.R.

No.135/2021, P.S. Sadar Pali, District Pali shall be released on bail;

provided he furnishes a personal bond of Rs. 1,00,000/- and two

surety bonds of Rs. 50,000/- 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.

(MANOJ KUMAR GARG),J

257-prashant/-

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