Rajasthan High Court
Mahesh Kumar Jain S/O Shri Mali Ram ... vs State Of Rajasthan on 24 June, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1006/2022
Mahesh Kumar Jain S/o Shri Mali Ram Jain, R/o 13/1032,
Malviya Nagar, Jaipur (Presently Confined In Central Jail, Jaipur)
----Appellant
Versus
1. State Of Rajasthan, Through The Learned Public
Prosecutor
2. Dhanna Lal Raiger S/o Shri Ramdev, R/o Raigaron Ka
Mohalla, Mangyawas, Mansarovar Jaipur
----Respondents
For Appellant(s) : Mr. Pankaj Gupta, Adv.
Mr. Pramod Singh, Adv.
Mr. Utkarsh Dwivedi, Adv.
For Respondent(s) : Mr. Rajendra Yadav, GA cum AAG with
Mr. Suresh Kumar, PP
Mr. R. K. Daga, Adv. for complainant
HON'BLE MR. JUSTICE FARJAND ALI (V.J.)
Order
24/06/2022
1. The instant appeal has been filed under Section 14A(1)
SC/ST (Prevention of Atrocities) Act on behalf of the appellant,
who is in custody in connection with FIR No. 146/2022, Police
Station Shipra Path, District Jaipur City (south), for the offences
under Sections 120B, 420, 467, 468, 471 of IPC and Section 3(1)
(F), 3(1)(G), 3(2)(V) of the SC/ST (Prevention of Atrocities) Act.
2. Heard learned counsel for the appellant and learned
counsel for the complainant and learned Government Advocate-
cum-Additional Advocate General/ learned Public Prosecutor.
Perused the material available on record.
(2 of 3) [CRLAS-1006/2022]
3. It is submitted by learned counsel for the appellant that
even if the allegations levelled in the FIR are taken on its face
value, no offences under Section 468, 467, 471 and 420 of IPC
are made out. He further submits that in FIR in which the
petitioner has been arrested is not maintainable in view of the
judgment passed by the Hon'ble Supreme Court in TT Antony Vs.
State of Kerala & Ors.: (2001) 6 SCC 181. Since the truth,
substance, nature of accusation and cause of action in both the
FIR's are same. It is further submitted that the parties were in
litigation; a reference in respect of the patta was made before the
JDA, Tribunal in which the decision was made in favour of the
petitioner and as a matter of fact the FIR impugned got lodged
after the judgment of Tribunal. Except penal provisions of SC/ST
Act, other offences are triable by Magistrate. Whether, penal
provisions of SC/ST would attract or not; would be the subject of
trial which would be adjudicated after the parties would adduced
evidence in this regard. Thus, No useful purpose would be served
by keeping him behind the bars. His further incarceration would
not serve any purpose, therefore, benefit of bail may be granted
to the appellant.
4. Per contra, learned GA-cum-AAG and learned counsel
for the complainant have opposed the bail application and stated
that documents on the basis of which patta was obtained from
JDA was a forged document and for that scientific investigation
report from the FSL has also been obtained.
5. Having regard to the totality of facts and circumstances
as available on record and upon a consideration of the arguments
(3 of 3) [CRLAS-1006/2022]
advanced, I am of the opinion that the appellant deserves to be
enlarged on bail.
6. Consequently, the instant appeal is allowed. The
impugned order dated 31.05.2022 passed by the Special Judge,
SC/ST (Prevention of Atrocities) Cases, Jaipur Metro-I, is set
aside. It is ordered that the accused-appellant-Mahesh Kumar
Jain arrested in connection with aforesaid FIR, shall be released
on bail, if not wanted in any other case, provided he furnishes a
personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/-
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.
(FARJAND ALI (V.J.)),J
Pooja /30
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