Moti Ram @ Mukesh vs State
2021 Latest Caselaw 5175 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 702/2019

Moti Ram @ Mukesh S/o Trilok Ram, Aged About 30 Years, B/c Jat Godara, R/o Village Panditji Ki Dhani, At Present Police Station Osiyan, Jodhpur (At Present Lodged at Central Jail, Jodhpur)

----Appellant Versus State of Rajasthan

----Respondent

For Appellant : Mr. Anand Purohit, Sr. Advocate assisted by Mr. Kapil Purohit Mr. Sunil Kumar For Respondent : Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

23/02/2021

This criminal appeal under Section 14A(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

22.05.2019 passed by the Special Court, Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur

(hereinafter to be referred as 'trial court') in Criminal Misc. Case

No.128/2019 (Sessions Case No.04/2015), whereby the trial court

has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR/CR No.124/2014 of

Police Station Nagori Gate, District Jodhpur for the offences

(2 of 3) [CRLAS-702/2019]

punishable under Sections 147, 148, 149, 323, 354, 302, 307 and

120-B IPC and Sections 3(I)(X) and 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that after

rejection of earlier criminal appeal of the appellant, the evidence

of prosecution witnesses viz. Budharam, Neha Solanki and Sua

Devi have been completed as PW-1, PW-2 and PW-3 respectively.

It is argued that complainant - Sua Devi (PW-3), in her complaint

filed before the police, did not name the appellant as accused and

in her court statements, she specifically stated that the injuries on

the head of deceased - Bablu @ Banwari were inflicted by co-

accused Subhash and Prakash. It is submitted that complainant -

Sua Devi (PW-3) denied the suggestion that it was the appellant,

who inflicted injuries on the head of the deceased. It is further

submitted that though the other two eye witnesses viz. Budharam

(PW-1) and Neha Solanki (PW-2), in their statements, have

alleged that it was the appellant, who inflicted fatal injuries on the

head of deceased - Bablu @ Banwari by a lathi, but they have not

categorically alleged in their police statements as well as the

statements recorded before the concerned Magistrate, that it was

the appellant, who inflicted the fatal injuries on the head of the

deceased. It is also submitted that in view of the above, it is clear

that the appellant has falsely been implicated in this case as his

name was introduced later. It is also submitted that the appellant

was not involved in commission of crime; he is in custody from

last more than four years; the trial against him will take time and

other co-accused persons have already been enlarged on bail,

therefore, this criminal appeal may kindly be allowed and the

appellant may kindly be enlarged on bail.

(3 of 3) [CRLAS-702/2019]

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

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

Accordingly, this criminal appeal filed under Section 14-A(2)

of SC/ST Act is allowed and the order dated 22.05.2019 passed by

the Special Court, Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Case

No.128/2019 (Sessions Case No.04/2015) is set aside. It is

directed that appellant - Moti Ram @ Mukesh S/o Trilok Ram shall

be released on bail in connection with FIR/CR No.124/2014 of

Police Station Nagori Gate, District Jodhpur provided he executes

a personal bond in a 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

Abhishek Kumar S.No.189

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