Citation : 2021 Latest Caselaw 261 Raj/2
Judgement Date : 13 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1839/2020
Shahrukh Khan S/o Hanif, Aged About 20 Years, R/o Dondri,
Police Station Mantown, Distt. Sawaimadhopur. (At Present
Confined In Distt. Jail Sawaimadhopur)
----Appellant
Versus
1. State Of Rajasthan, Through P.p.
2. Mahesh Meena S/o Seetaram Meena, R/o Village Itawa,
Chauth Ka Barwada, Distt. Sawaimadhopur.
----Respondents
For Appellant(s) : Mr. Tarun Jain
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
05.12.2020 passed by Special Judge SC/ST(Prevention of
Atrocities) Cases, Sawaimadhopur, whereby, bail application filed
by the appellant under Section 439 Cr.P.C. was rejected.
2. F.I.R. No.243/2020 was registered at Police Station Kotwali,
Sawaimadhopur for offence under Sections 143, 341, 323, 307
I.P.C. and Sections 3(2)(va), 3(1)(S), 3(1)(r)
3. It is contended by counsel for the appellant that the injuries
were sustained by the injured on hands and legs. None of the
injuries are dangerous to life. There is cross FIR.
4. Learned Public Prosecutor contends that he has informed the
complainant about filing of the present appeal.
(2 of 2) [CRLAS-1839/2020]
5. No one has put in appearance on behalf of the complainant.
6. Learned Public Prosecutor has opposed the appeal.
7. I have considered the contentions.
8. Considering the contentions put forth by counsel for the
appellant, I deem it proper to allow the appeal.
9. The order dated 05.12.2020 is quashed and set aside and
the appeal is, accordingly, allowed and it is directed that accused-
appellant shall be released on bail provided he furnishes a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only)
together with two sureties in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) each to the satisfaction of the trial Court with the
stipulation that he shall appear before that Court and any Court to
which the matter be transferred, on all subsequent dates of
hearing and as and when called upon to do so.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /62
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