Ummeda Ram vs State
2021 Latest Caselaw 7411 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 917/2020

Ummeda Ram S/o Sh. Hanjari Ram, Aged About 25 Years, B/c Meghwal, R/o Dhamseen, P.s. Raniwara, Dist. Jalore. (Raj.). (Presently Lodged In District Jail, Jalore).

----Appellant

Versus

1. State, Through Pp

2. Dasharath Bhai S/o Sh. Joita Ram, B/c Meghwal, R/o Dhamseen, P.s. Raniwara, District Jalore (Raj.).

                                                                          ----Respondents


For Appellant(s)             :     Mr. Gulab Singh
For Respondent(s)            :     Mr. Mohd. Javed Gauri, PP
For Complainant(s)           :     Mr. Umaid Singh Rathore


               HON'BLE MR. JUSTICE VIJAY BISHNOI
                       Judgment / Order

16/03/2021

This criminal appeals under Section 14-A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter to be referred as 'the SC/ST Act') has been filed on behalf

of the appellants being aggrieved with the order dated 14.10.2020

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

Jalore (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail)

Case No.142/2020 whereby, the trial court has dismissed the bail

application filed on behalf of the appellant.

The appellant has been arrested in FIR No.146/2020 of Police

Station Raniwara, Distt. Jalore for the offences punishable under

Sections 341, 323, 324, 325, 307/34 IPC and Sections 3(1)(r)(s) & 3(2)

(v) of the SC/ST Act.

Learned counsel for the appellant has submitted that allegation of

inflicting grievous and dangerous to life injury is against co-accused

Bharat Singh and allegation against the petitioner is to the effect that

he has inflicted injury on the other parts of the body. Learned counsel

for the appellant has invited my attention towards the injury report and

argued that the said injury report, no other injuries are found on the

body of the injured except swelling. It is further submitted that the

appellant has falsely been implicated in this case.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the prayer made on behalf of

the appellant in this criminal appeal.

Heard learned counsel for parties and also perused the material

on record.

Having regard to the totality of the facts and circumstances of the

case, without expressing any opinion on the merits of the case, I deem

it just and proper to allow the appeals filed by the appellant under

Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of

SC/ST Act is allowed and the order dated 14.10.2020 passed by the

trial court in Criminal Misc. (Bail) Case No.142/2020 is set aside. It is

directed that appellant - Ummeda Ram S/o Sh. Hanjari Ram shall be

released on bail in connection with FIR No.146/2020 of Police Station

Raniwara, Distt. Jalore provided he executes a personal bond in the sum

of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each

to the satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon to

do so till the completion of the trial.

(VIJAY BISHNOI),J

Surabhii/153-

Powered by TCPDF (www.tcpdf.org)