Hadmat Bhai @ Abu vs State Of Rajasthan
2021 Latest Caselaw 11882 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 419/2021

Hadmat Bhai @ Abu S/o Sh. Devaji, Aged About 28 Years, B/c Koli, R/o Valmikipura, Mansarowar Road, Palanpur, At Present Paldi Khed, Village Gram Panchayat Datani, P.s. Revdhar, Dist. Sirohi. (Presently Lodged In Central Jail, Jodhpur Metropolitan).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Sankar Lal S/o Pura Ram, B/c Meghwal, R/o Nosar, Dist.

Barmer.

                                                                ----Respondents


For Appellant(s)         :     Ms. Laxmi Ramawat
For Respondent(s)        :     Mr. Anil Joshi, PP
                               Mr. Vikas Vishnoi, for complainant.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

29/07/2021

Heard learned counsel for the appellant, learned Public

Prosecutor and learned counsel representing the complainant and

perused the impugned order and the challan papers.

This is an appeal preferred on behalf of the appellant under

Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment

Act 2015 being aggrieved of the order dated 10.03.2021 passed

by learned Special Judge, SC/ST (Prevention of Atrocities) Cases,

Barmer in Criminal Misc. Case No.62/2021 rejecting the bail

application preferred on behalf of the appellant who is in custody

in connection with FIR No.27/2016, Police Station Baytu, District

Barmer, for offences under Sections 302/34, 201 IPC and under

Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

(2 of 2) [CRLAS-419/2021]

During investigation, Chanabasppa, mother of the deceased

Deepa had taken name of the accused appellant but when she was

examined on oath as PW.2, she did not state so. None of the 21

witnesses examined at trial so far have stated anything against

the appellant herein. The appellant is in custody for the last more

than five years. Trial of the case is not likely to be concluded in

near future.

In this background, this Court is of the opinion that there

exist valid and substantial grounds so as to enlarge the appellant

on bail during remainder of the trial.

Consequently, the appeal is allowed. The order dated

10.03.2021 is set aside and it is ordered that the accused-

appellant Hadmat Bhai @ Abu S/o Shri Devaji arrested in

connection with FIR No.27/2016 Police Station Baytu, District

Barmet shall be released on bail during pendency of the trial;

provided he furnishes personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- 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.

(SANDEEP MEHTA),J 3-Sudhir Asopa/-

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