Mahaveer Chand vs State Of Rajasthan ...
2023 Latest Caselaw 3758 Raj

[2023/RJJD/012519]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 328/2023

Mahaveer Chand S/o Sh. Ratan Lal Nahar, Aged About 58 Years, Caste Jail, R/o Village Bassi, P.s. Peelwa, Teh. Parbatsar, Dist. Nagaur (Raj.).

(Presently Lodged In Dist. Jail, Nagaur).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Hathi Ram S/o Sh. Pusa Ram, B/c Meghwal (S.c.), R/o Vill. Bassi, P.s. Peelwa, Teh. Parbatsar, Dist. Nagaur (Raj.).

----Respondents

For Appellant(s) : Mr. Pradeep Kumar Shah. For Respondent(s) : Mr. S.K. Bhati, P.P.

Mr. O.P. Sangwa.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

27/04/2023

The instant appeal has been filed under Section 14A SC/ST

(Prevention of Atrocities) Act on behalf of the appellant, who is in

custody in connection with F.I.R. No.32/2023, registered at Police

Station Peelwa, District Nagaur for the offences under Sections

384, 306 & 120-B IPC and Section 3(2)(va) of the SC/ST

(Prevention of Atrocities) Act against the order dated 13.03.2023

passed by the learned Special Judge Scheduled Castes/Scheduled

Tribes (Prevention of Atrocities Act Cases), Merta, Nagaur

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

on behalf of the appellant was rejected.

[2023/RJJD/012519] (2 of 3) [CRLAS-328/2023]

Learned counsel for the appellant submitted that the

appellant has falsely been implicated in the present case. Learned

counsel further submitted that even from the perusal of dying

declaration, it would be evident that though certain allegations

have been levelled against the petitioner by the deceased in dying

declaration but the same does not show any intention of the

accused to abet or instigate the deceased to commit suicide.

Accused-appellant is in judicial custody and the trial of the case

will take sufficient long time to be concluded. Therefore, the

benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor has opposed the prayer for bail.

Heard learned counsel for the appellant and learned public

prosecutor and also perused the material available on record, so

also the dying declaration.

Having regard to the entirety of facts and circumstances as

available on record and upon a consideration of the arguments

advanced at the bar, without commenting upon the merits /

demerits of the case, this Court is of the opinion that the order

rejecting the application for bail filed on behalf of the appellant,

cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned

order dated 13.03.2023 passed by the learned Special Judge

Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act

Cases), Merta, Nagaur is set aside. It is ordered that the accused

appellant Mahaveer Chand S/o Sh. Ratan Lal Nahar arrested

in connection with F.I.R. No.32/2023, registered at Police Station

[2023/RJJD/012519] (3 of 3) [CRLAS-328/2023]

Peelwa, District Nagaur shall be released on bail; provided he

furnishes a personal bond of Rs.50,000/- and two surety bonds 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.

(KULDEEP MATHUR),J 302-Prashant/-

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