Rajasthan High Court - Jodhpur
Dharampal vs State Of Rajasthan on 2 June, 2021
Bench: Sandeep Mehta Judge)
(1 of 3) [CRLAS-474/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 474/2021
Dharampal S/o Hanumanram, Aged About 28 Years, Ward No. 4,
Keshav Colony, 8 Psd (B) Rawala Mandi, Dist. Sri Ganganagar
(Raj.). (At Present Lodged At Central Jail, Sri Ganganagar).
----Appellant
Versus
1. State Of Rajasthan, Through PP
2. Dyaram Meghwal S/o Sh. Jeetram, Jalwali, Gharsana, Nai
Mandi, Dist. Sri Ganganagar (Raj.).
----Respondents
For Appellant(s) : Mr. J.S. Bhaleria, through VC
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)
Judgment
02/06/2021
Heard learned counsel for the appellant learned Public
Prosecutor and perused the material available on record.
The instant appeal has been filed under Section 14A(2)
SC/ST (PA) Act on behalf of the appellant, who is in custody in
connection with F.I.R. No.155/2017, Police Station Gharsana,
District Sri Ganganagar, for the offences under Sections 419, 420,
467, 468, 471 and 120B IPC, and Section (3)2 of the SC/ST (PA)
Act against the order dated 30.04.2021 passed by the learned
Special Judge, SC/ST Act Cases, Sri Ganganagar whereby, the bail
application preferred under Section 439 Cr.P.C. on behalf of the
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appellant was rejected.
Learned Public Prosecutor has placed on record receipt
of service of notice effected upon the respondent No.2
complainant. However, no one has appeared on his behalf.
Heard learned counsel for the appellant, learned Public
Prosecutor and perused the material available on record.
The appellant is in judicial custody in connection with
the above offences. The bail appeal of the co-accused Mangat
Singh has been accepted by the coordinate bench of this Court
vide order dated 06.05.2021 passed in S.B. Crl. Appeal
No.411/2021. All the offences alleged against the appellant other
than the offences punishable under the SC/ST Act are Magistrate
triable and the incident seems to have arisen out of a monetary
dispute between the parties.
Thus, having regard to the entirety of facts and
circumstances as available on record and upon a consideration of
the arguments advanced at the bar, this Court is of the opinion
that the order rejecting the application for bail filed on behalf of
the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The
impugned order dated 30.04.2021 passed by the learned Special
Judge, SC/ST Act Cases, Sri Ganganagar is set aside. It is ordered
that the accused-appellant, Dharampal S/o Hanumanram
arrested in connection with F.I.R. No.155/2017, Police Station
Gharsana, 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
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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), VJ
59-Pramod/Devesh/-
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