Rajasthan High Court - Jodhpur
Suman vs State Of Rajasthan on 20 November, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 961/2021
Naresh Kumar S/o Shri Krishan Lal, Aged About 23 Years, B/c
Kumhar, R/o Chak 6 BMR, P.s. Bajju District Bikaner (At Present
Lodged In Central Jail, Bikaner)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Gordhan Ram S/o Shri Sattu Ram, Aged About 47 Years,
R/o Chak 2 Kwm, Khajuwala, District Bikaner.
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 962/2021
Suman W/o Om Prakash, Aged About 29 Years, R/o Chak 4
Kwm, P.s. Khajuwala, District Bikaner. (At Present Lodged In
Central Jail, Bikaner)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Gordhan Ram S/o Shri Sattu Ram, Aged About 47 Years,
R/o Chak 2 KWM, Khajuwala, District Bikaner.
----Respondents
For Appellant(s) : Mr. R.S. Choudhary
For Respondent(s)] : Mr. Gourav Singh, PP
For Complainant(s) Mr. Yashpal Khileree
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/11/2021
These 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') have
been filed on behalf of the appellants being aggrieved with the
(2 of 3) [CRLAS-961/2021]
orders dated 29.09.2021 & 28.09.2021 passed by the Special
Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner
(hereinafter to be referred as 'trial court') in Criminal Misc. Case
Nos.1847/2021 and 1832/2021 pertaining to sessions case
no.90/2019 whereby, the trial court has dismissed the bail
application filed on behalf of the appellants.
The appellants have been arrested in FIR No.97/2019 of
Police Station Khajuwala, Distt. Bikaner for the offenses
punishable under Sections 302, 201, 120-B IPC and 3(2)(V) SC/ST
(Prevention of Atrocity) Act.
Learned counsel for the appellants has submitted that after
rejection of earlier appeals of the appellants, statements of
Goverdhan Ram, Nirmal Singh and Devi Lal have been recorded,
wherein they have not supported the prosecution story and denied
the recovery of dead body from the house of the accused persons.
Learned counsel for the appellants has submitted that when the
important witnesses of recovery of the dead body have not
supported the prosecution story so it would be very difficult for the
prosecution to prove the guilty of the appellants.
Learned Public Prosecutor as well as learned counsel for the
complainant have opposed the prayer made on behalf of the
appellants in this criminal appeal.
Heard learned counsel for the 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 appeal filed by the
appellant under Section 14-A(2) of SC/ST Act.
(3 of 3) [CRLAS-961/2021]
Accordingly, this criminal appeal filed under Section 14-A(2)
of SC/ST Act is allowed and the order dated 29.09.2021 &
28.09.2021 passed by the Special Judge, SC/ST (Prevention of
Atrocities) Cases, Bikaner in Criminal Misc. Case Nos.1847/2021
and 1832/2021 are set aside. It is directed that appellants -
Naresh Kumar S/o Shri Krishan Lal & Suman W/o Om Prakash
shall be released on bail in connection with FIR No.97/2019 of
Police Station Khajuwala, Distt. Bikaner provided each of them
execute 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
8-9 mohit/-
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