Jaswant Singh vs State Of Rajasthan
2021 Latest Caselaw 9412 Raj

(1 of 2) [CRLAS-424/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 424/2021

1. Jaswant Singh S/o Shri Jalam Singh, Aged About 21 Years, Caste Rawana Rajput, R/o Hariyali Bhadkha, Tehsil And District Barmer. (Appellant Lodged In Central Jail, Barmer).

2. Dhanaram S/o Shri Narayanram, Aged About 22 Years, By Caste Bheel, R/o Bhadka, Tehsil And District Barmer. (Appellant Lodged In Central Jail, Barmer).

----Appellants

Versus

1. State Of Rajasthan, Through P.p.

2. Prahaladram S/o Shri Aator Ram, By Caste Meghwal, R/o Village Nimbla, Police Station Shiv District Barmer.

                                                                 ----Respondents


For Appellant(s)          :     Mr. SP Sharma, Adv. through VC
For Respondent(s)         :     Mr. SK Bhati, PP
                                Mr. RJ Punia, Adv. through VC



            HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                            Judgment / Order

11/05/2021

Heard the learned counsel for the parties and the learned Public

Prosecutor. Perused the material available on record.

The instant appeal has been filed under Section 14A of SC/ST (PA)

Act on behalf of the appellants, who are in custody in connection with

FIR No.64/2021, Police Station Shiv, District Barmer for the offences

under Sections 143, 341, 323, 327, 308 IPC and Sections 3(1)(r), 3(1)

(s), 3(2)(va) of SC/ST (Prevention of Atrocity) Act against the order

dated 16.04.2021 passed by the learned Special Judge, SC/ST

(Prevention of Atrocities Cases), Barmer whereby the bail application

preferred under Section 439 Cr.P.C. on behalf of the appellants was

rejected.

(2 of 2) [CRLAS-424/2021]

Counsel for the appellants submits that the appellants have falsely

been implicated in this case. The appellants are in judicial lock-up. The

learned court below has grossly erred in law and facts as well in

declining to release the appellants on bail. Hence, the benefit of bail

should be granted to the appellants.

Learned Public Prosecutor as well as learned counsel for

respondent No.2 have vehemently opposed the prayer for bail.

Learned Public Prosecutor has submitted the factual report

received from the concerned Police Station in which it has been

mentioned that after investigation, Police has not found the offences

under Sections 307 & 308 IPC proved against the appellants.

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 appellants, cannot be

sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order

dated 16.04.2021 passed by the Special Judge, SC/ST (Prevention of

Atrocities Cases), Barmer is set aside. It is ordered that the accused-

appellants (1) Jaswant Singh S/o Shri Jalam Singh & (2) Dhanaram S/o

Shri Narayanram arrested in connection with FIR No.64/2021, Police

Station Shiv, District Barmer shall be released on bail; provided they

furnish a personal bond of Rs.1,00,000/- and two surety bonds of

Rs.50,000/- 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.

(MANOJ KUMAR GARG),J 86-MS/-

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