Rajasthan High Court - Jodhpur
Sikandar Khan vs State Of Rajasthan on 2 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 514/2021
Sikandar Khan S/o Wali Mohd., Aged About 31 Years,
Sukhchainpura, At Present Residing At 7 Sgm, Tehsil Suratgarh,
Distt. Sriganganagar. (At Present Lodged In District Jail
Sriganganagar).
----Appellant
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Badam Devi W/o Lekhram Nayak, 7 Sgm, Tehsil
Suratgarh, Distt. Sriganganagar.
----Respondents
For Appellant(s) : Mr. Rajendra Charan, through VC
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
Mr. Himmat Jagga, through VC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
02/07/2021
Heard learned counsel for the appellant, learned Public
Prosecutor, learned counsel for the complainant and perused the
material available on record.
The instant appeal has been filed under Section 14-A
SC/ST (Prevention of Atrocities) Act on behalf of the appellant,
who is in custody in connection with F.I.R. No.314/2018 registered
at the Police Station Suratgarh Sadar, District Sri Ganganagar for
the offences under Sections 341, 323/34, 302 IPC and Sections
3(1)(r)(s), 3(2)(va) and 3(2)(v) of the SC/ST Act, against the
order dated 11.05.2021 passed by the learned Special Judge,
SC/ST (Prevention of Atrocities) Act Cases, Sriganganagar in
Criminal Misc. Case No.166/2021, whereby the bail application
preferred under Section 439 Cr.P.C. on behalf of the appellant was
rejected.
(2 of 3) [CRLAS-514/2021]
The earlier appeal for bail preferred on behalf of the
appellant was rejected by this court vide order dated 02.02.2021
giving liberty to the appellant to file a fresh bail application after
recording of the statement of the first informant Smt. Badam Devi
and witness Smt. Krishna Devi and the trial court was directed to
record their evidence on priority basis. The trial court has
recorded examination-in-chief of both these witnesses. However,
their cross-examination could not be completed because of the
prevailing Covid pandemic.
As per the facts emanating from record, the FIR came
to be lodged on 21.12.2018 with an allegation that on
19.12.2018, a fight took place between the parties over some
trivial issues. As per the conclusion of the Investigating Officer,
the incident involving murder of Mangilal took place on
19.12.2018 at 9.00-9.30 p.m. Mangilal acting under influence of
intoxication/liquor went before the Panchayat gate and started
hurling profanities towards the accused party. Sikandar came out
of the house and a quarrel took place between him and Mangilal.
In the meantime, the first informant Smt. Badami came out and
tried to break up the fight. Sikandar's brother Nazeer @ Vijendra
also came out hearing the commotion and saw Sikandar and
Mangilal grappling with each other. Sikandar had received injury
on his head and was bleeding therefrom. Mangilal was also
injured. At that time, Nazeer lifted a stick lying near the well and
started hitting Mangilal with the same. The Investigating Officer
concluded that both Sikandar and Nazeer assaulted Mangilal and
as a consequence, Mangial received the grave head injury, which
proved fatal. He was referred to Bikaner for treatment, where he
expired on 22.12.2018. As per the postmortem report, a solitary
(3 of 3) [CRLAS-514/2021]
head injury with sub-scalp haematoma and fracture of the
temporo-parietal bone was noticed on the body of the deceased,
which proved fatal. Apparently, going by the conclusion of the
Investigating Officer, the initial injury on the head of the deceased
can be specifically attributed to Nazeer @ Vijendra. The appellant
himself received a head injury in the incident as is apparent on a
perusal of his arrest memo. He is in custody for the last nearly
two and half years. Conclusion of the trial is not visible in the
near future.
In this view of the matter and having regard to the over
all facts and circumstances of the case, this Court is of the opinion
that the appellant deserves indulgence of bail and thus, the order
rejecting the application for bail filed on behalf of the appellant
cannot be sustained.
Consequently, the instant appeal is allowed. The
impugned order dated 11.05.2021 passed by the learned Special
Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar
in Criminal Misc. Case No.166/2021 is set aside. It is ordered that
the accused-appellant Sikandar Khan S/o Wali Mohd. arrested in
connection with F.I.R. No.314/2018 registered at the Police Station
Suratgarh, Sadar, District Sri Ganganagar shall be released on
bail; provided he furnishes a 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
30-Pramod/-
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