Mohd. Imteyaz vs State Of Rajasthan
2022 Latest Caselaw 8154 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 823/2022

Mohd. Imteyaz S/o Shri Ramjan, Aged About 21 Years, R/o Near Railway Station Prem Nagar, Abu Road, District Sirohi At Present R/o C/o Bablu Balmiki Basti, Bandara Bas, Savalaki Talai, P.s. Cote Gate, Bikaner.

(At Present Lodged In Central Jail, Bikaner)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Bularam S/o Chhelaram, B/c Valmiki, R/o Valmiki Basti Bandrabas, P.s. Kotgate, District Bikaner.

                                                                ----Respondents


For Appellant(s)         :     Mr. Kalu Ram Bhati.
For Respondent(s)        :     Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR (VACATION JUDGE)

Judgment / Order

13/06/2022 The instant appeal has been filed under Section 14A (2) of

SC/ST (Prevention of Atrocities) Act on behalf of the appellant

seeking interim bail for a period of thirty days, who is in custody

in connection with F.I.R. No. 129/2020, registered at Police Station

Cotegate, District Bikaner, for the offences under Section 302/34

I.P.C. & Sections 3(2)(v) of SC/ST Act and Section 4/25 of the

Arms Act against the order dated 03.06.2022 passed by the

learned Special Judge SC/ST (Prevention of Atrocities Cases),

Bikaner, the bail application preferred under Section 439 Cr.P.C..

Learned counsel for the appellant submits that the Learned

court below on an application filed by the appellant has ordered

(2 of 3) [CRLAS-823/2022]

that appellant may be permitted to attend marriage of his two

sisters namely Najmen Bano and Sahin Bano which is going to be

solemnized on 15.06.2022. However, the learned Court below

vide order dated 03.06.2022 has ordered that appellant shall

attend the marriage under Police protection only on 15.06.2022.

Further, the appellant shall also bear the expenses for the police

protection provided to him for attending the marriage of his

sisters scheduled on 15.06.2022.

Learned Public Prosecutor has submitted a factual report

wherein the fact regarding marriage of the sisters of the appellant

on the date aforesaid is not disputed.

Heard learned counsel for the appellant and learned public

prosecutor and also perused the material available on record.

Having regard to the entirety of facts and circumstances as

available on record and upon a consideration of the arguments

advanced at the bar, so also the submissions made on behalf of

the appellant that he is the only brother of his sisters namely

Najmen Bano and Sahin Bano, this Court deems it just and proper

to order that appellant shall be released on interim bail for a

period of four days' i.e. from 15.06.2022 to 18.06.2022 for

solemnization of his sisters' marriage which is going to be

solemnized on 15.06.2022.

The appellant shall attend marriage under police protection

for which he would bear the expenses.

Consequently, the instant appeal for interim bail is allowed

accordingly.

(3 of 3) [CRLAS-823/2022]

The concerned Superintendent of Jail, shall give the date of

surrender to the petitioner as per the date on which he is released

from custody. If the petitioner does not surrender himself on the

given date, the concerned Superintendent of Jail shall immediately

inform the concerned trial court for taking appropriate action.

(KULDEEP MATHUR), VJ 135-prashant/-

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