Laxmi Kumari D/O Babu Lal Sharma vs State Of Rajasthan
2021 Latest Caselaw 2522 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Criminal Appeal No. 705/2021

Laxmi Kumari D/o Babu Lal Sharma, Aged About 22 Years,
Resident Of Bajrang Nagar, District Dausa Rajasthan ( At Present
Confined At District Jail Alwar)
                                                                  ----Appellant
                                  Versus
1.     State Of Rajasthan, Through Its Public Prosecutor
2.     Ramji Lal Meena S/o Nahnu Ram, Resident Of Rohada,
       P.s. Sadr Dausa, Dausa Rajasthan
                                                               ----Respondents

Connected With S.B. Criminal Appeal (Sb) No. 719/2021 Ajay Kumar Panchal S/o Sohanlal Panchal, Aged About 22 Years, R/o Village Nirjharna, P.s. Lalsot, Distt. Dasua (Raj) (Presently Lodged In Distt. Jail, Alwar)

----Appellant Versus

1. State Of Rajasthan, Through Its Public Prosecutor

2. Ramji Lal Meena S/o Nahnu Ram, R/o Rohada, Sadar Dausa,. Dausa (Raj)

----Respondents

For Appellant(s) : Mr. Bal Ram through VC Mr. Shriram Yadav through VC For Complainant(s) : Mr. Manish Gupta through VC For State : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/06/2021

1. Appellants have preferred these appeals aggrieved by order

dated 31.03.2021 passed by Special Judge SC/ST (Prevention of

Atrocities Cases), Alwar, whereby, bail application filed by the

(2 of 3) [CRLAS-705/2021]

appellants under Section 439 Cr.P.C. was rejected.

2. F.I.R. No.341/2020 was registered at Police Station Tehla,

Alwar for offence under Sections 302, 201 I.P.C.

3. It is contended by counsel for the appellants that appellants

have been made accused on the basis of last seen evidence. It is

also contended that last seen witness has only named Sudhir

Panchal. No test identification parade was conducted to connect

the appellants with the crime. It is further contended that a bottle

has been recovered from the appellant-Laxmi Kumari and a match

box has been recovered from the appellant-Ajay Kumar Panchal.

4. Learned Public Prosecutor and counsel for the complainant

have opposed these appeals. It is contended that the bottle which

has been recovered from appellant-Laxmi Kumari was having

remains of petrol, which goes to show that she was present in the

car in which the deceased was taken by Sudhir Panchal. It is also

contended that appellants were involved in commission of the

offence.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

appellants, I deem it proper to allow these appeals.

7. The order dated 31.03.2021 is quashed and set aside and

the appeals are, accordingly, allowed and it is directed that

accused-appellants shall be released on bail provided each of them

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

(3 of 3) [CRLAS-705/2021]

of the trial Court with the stipulation that they 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.

8. A copy of this order be placed in connected file.

(PANKAJ BHANDARI),J

ARTI SHARMA /29-30

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