Bhanwar Lal S/O Ramcharan vs State Of Rajasthan
2022 Latest Caselaw 600 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Appeal No. 1534/2021

Bhanwar Lal S/o Ramcharan, R/o Behind Kartar Kirana, Store
Balakund, P.s. Dadabari, Dist. Kota (Raj) (At Present Confined In
District Jail Kota)
                                                                     ----Appellant
                                     Versus
1.     State Of Rajasthan, Through P.p
2.     Vikram Yadav S/o Ramprasad, R/o Behind Kartar Kirana
       Store, Balkund, P.s. Dadabari, Dist. Kota (Raj)
                                                                  ----Respondents

For Appellant(s) : Mr. Amit Dadhich, through VC For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

24/01/2022

1. Appellant has preferred this appeal aggrieved by order dated

03.09.2021 passed by Special Judge SC/ST Cases, Kota whereby,

bail application filed by the appellant under Section 439 Cr.P.C.

was rejected.

2. F.I.R. No.158/2020 was registered at Police Station Dadabari

Kota for offence under Sections 452, 307, 34 of IPC and Sections

3(2)(v) of SC/ST Act.

3. It is contended by counsel for the appellant that it is a case

of single blow. The incident took place on the spur of the moment.

Appellant has remained in custody for a period of more than one

and a half years. Not a single witness has been examined till date.

4. Learned Public Prosecutor has opposed the appeal.

(2 of 2) [CRLAS-1534/2021]

5. Opposite party has been served. No one has put in

appearance on behalf of the complainant.

6. I have considered the contentions.

7. Taking note of the fact that there is an inordinate delay in

the trial and appellant has remained in custody for a period of

more than one and a half years and it is a case of single blow,

hence, I deem it proper to allow the appeal.

8. The order dated 03.09.2021 is quashed and set aside and

the appeal is, accordingly, allowed and it is directed that accused-

appellant shall be released on bail provided he 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 of the trial Court with the

stipulation that he 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.

(PANKAJ BHANDARI),J

Nikhil Kr. Yadav / 8

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