Anil Kumar vs Deep Chand Kumawat ...
2023 Latest Caselaw 2761 Raj

[2023/RJJD/008888]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1886/2022 Anil Kumar S/o Sh. Jayabchand, Aged About 65 Years, By Caste Khatri, R/o Sadul Colony, Bikaner.

----Appellant Versus Deep Chand Kumawat S/o Sh. Bajrang Lal, B/c Kumawat, R/o Near Satimata Temple, Adarsh Colony, Medical College Road, Bikaner.

----Respondent

For Appellant(s) : Mr. H.S. Shrimali For Respondent(s) : Mr. A.R. Choudhary, PP Mr. Harshad Bhadu for accused-

respondent Mr. Ashok Sandu, HC-134 Mr. Narendra, Constable-927 Police Line Bikaner

HON'BLE MR. JUSTICE FARJAND ALI Order 05/04/2023

Pursuant to the production warrant issued by this Court vide

order dated 17.02.2023, the accused respondent has been

produced by the team of police Bikaner. He has been produced

from the Central Jail Bikaner.

Briefly stated, the facts of the case are that a criminal

prosecution for the accusation of committing offence under the

penal provisions of the Negotiable Instruments Act came to be

launched against the accused respondent wherein after a rigorous

trial, he was acquitted from the charges vide judgment dated

09.01.2019 passed by Special Judicial Magistrate (NI Act) Cases,

Court No.1, Bikaner in Criminal Case No.1111/2013.

Aggrieved by the judgment of acquittal, the petitioner who

happens to be complainant of the case preferred a criminal leave

to appeal before this Court, wherein this Court granted leave to

him and thus, the instant appeal.

[2023/RJJD/008888] (2 of 2) [CRLAS-1886/2022]

Today, there is no one to render assistance to the accused

respondent since he is under incarceration in some other case and

has been brought before the court through jail. A presumption of

innocence was already existing in favour of the accused which has

further been fortified by the judgment of acquittal passed by a

court of competent jurisdiction and thus, the presumption has

further been strengthened.

In this view of the matter, it is not deemed appropriate to

send the accused respondent into custody. The hearing of the

appeal against the judgment of acquittal would surely take long

time and there seems no possibility of the same being heard and

concluded within a short span of time, thus, it would be a gross

injustice to keep him behind the bars till disposal of the appeal.

Shri Harshad Bhadu, learned counsel, present in person in

court room, is directed to provide legal assistance to the accused

respondent, for which, he agreed willingly.

Considering the overall facts and circumstances of the case,

it is directed that the petitioner be let free upon furnishing a

personal bond in the sum of Rs.25,000/- for his appearance before

this Court as and when required or summoned. The police

officers, Bikaner are directed to set him free in this case after

filing of bond and he be lodged back to the Central Jail, Bikaner

wherefrom he was taken.

Put up for hearing in due course.

(FARJAND ALI),J 39-AnilKC/-

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