Prem Shankar @ Prema vs State Of Rajasthan
2021 Latest Caselaw 168 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1118/2020

Prem Shankar @ Prema S/o Sh. Madhu Lal, Aged About 35 Years, B/c Jat, R/o Rodi Panchayat Vaarni, P.s. Mavli, Distt. Udaipur. (Presently Lodged In Central Jail, Udaipur).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Daya Ram Meghwal S/o Hamer Lal, B/c Meghawal, R/o Mordi P.s. Mavli Dist. Udaipur.

----Respondents

For Appellant(s) : Mr. R.S. Chouhan, through video conferencing on 'Cisco Webex App' For Respondent(s) : Mr. Mohd. Javed Gauri, PP Mr. Ram Prasad Singaria, through video conferencing on 'Cisco Webex App'

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

06/01/2021

Lawyers are not appearing in the Court in view of the

unprecedented situation being faced by the country due to

pandemic of novel corona virus (COVID-19).

The instant appeal has been filed under Section 14A(2)

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with F.I.R. No. 101/2020 Police

Station Mavli, District Udaipur for the offences under Sections 458,

323, 325/34 I.P.C. and Section 3(1)(R)(S), 3(2)(Va) of the SC/ST

(Prevention of Atrocities) Act against the order dated 19.11.2020

passed by the Special Judge, SC/ST (Prevention of Atrocities)

(2 of 3) [CRLAS-1118/2020]

Cases, Udaipur, whereby, the bail application preferred under

Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

After the rejection of the first appeal on 2.11.2020, the

charge-sheet has beenfiled. Counsel for the appellant submits that

the appeal of the co-accused Mukesh has been allowed by the Co-

ordinate Bench of this Court vide order dated 6.10.2020 and the

case of the present appellant is not distinguishable from that of

the co-accused.

Learned Public Prosecutor as well as learned counsel for the

complainant oppose the appeal.

Thus, having regard to the entirety of facts and

circumstances as available on record and upon a consideration of

the arguments advanced, this Court is of the opinion that the

appeal of the appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned

order dated 19.11.2020 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Udaipur is set aside. It is ordered

that the accused-appellants Prem Shankar @ Prema S/o Sh.

Madhu Lal arrested in connection with F.I.R. No. 101/2020 Police

Station Mavli, District Udaipur shall be released on bail; provided

each of them furnishes a personal bond of Rs. 50,000/- (Rupees:

Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees:

Twenty Five Thousand Only) each to the satisfaction of the learned

(3 of 3) [CRLAS-1118/2020]

trial Court with the stipulation to appear before that Court on all

dates of hearing and as and when called upon to do so.

(VINIT KUMAR MATHUR),J

68-praveen/-

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