Bhanwar Singh Kanawat S/O ... vs State Of Rajasthan
2021 Latest Caselaw 256 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1851/2020

Bhanwar Singh Kanawat S/o Madhosingh Kanawat, Aged About
53 Years, R/o Jagpura Bhilwara At Present Working A Dy. Jailor
In Central Jail Sewar Distt. Bharatpur.
                                                                    ----Appellant
                                    Versus
1.      State Of Rajasthan, Through P.p.
2.      Purshottam S/o Puran Lal, R/o Samogar Bayana Distt.
        Bharatpur.
                                                                 ----Respondents

For Appellant(s) : Mr. J K Moolchandani present in the Court For Respondent(s) : Mr. Chandra Mohan Sharma present in the Court For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

13/01/2021

1. Appellant has preferred this appeal aggrieved by order dated

08.12.2020 passed by Special Judge SC/ST Cases, Bharatpur

whereby, bail application filed by the appellant under Section 438

Cr.P.C. was rejected.

2. F.I.R. No.390/2020 was registered at Police Station Sewar,

Bharatpur for offence under Sections 323, 341, 330, 420, 406,

120-B I.P.C. and Section 42 of Prison (Rajasthan Amendment) Act,

2015.

3. It is contended by counsel for the appellant that the offence

under the SC/ST Act is not made out, hence anticipatory bail can

(2 of 2) [CRLAS-1851/2020]

be granted. It is also contended that appellant has filed an F.I.R.

against the complainant.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the appeal. It is contended that the appellant was

the Jailor, who used to demand money from the prisoners and

those who did not give money, were subjected to beating. After

the investigation, police has come to the conclusion that the

offence under the SC/ST Act is also made out. It is also contended

that there is recording which points to the appellant giving beating

to the complainant.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

State and counsel for the complainant, I am not inclined to

entertain the appeal.

7. The Criminal Appeal is accordingly, dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /65

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