Miklesh S/O Hazarilal vs State Of Rajasthan ...
2023 Latest Caselaw 2826 Raj/2

[2023/RJJP/004062]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

           S.B. Criminal Appeal No. 309/2023

1.     Lakhan Son of Suresh, Aged About 22 Years,
       R/o Bagri Mohalla Aklera District Jhalawar
       Rajasthan (Appellant Is Confined In District
       Jail Jhalawar)
2.     Mohan Son of Suresh, Aged About 19 Years,
       Bagri     Mohalla,        Aklera        District      Jhalawar
       Rajasthan (Appellant Is Confined In District
       Jail Jhalawar)
                                                        ----Appellants
                               Versus
1.     State of Rajasthan, Through P.p
2.     Hemraj Meena Son of Kajodi Lal, R/o Bhopal
       Road,     Aklera,      District      Jhalawar       Rajasthan
       Permanent Address Basodiya Aklera, District
       Jhalawar Rajasthan
                                                  ----Respondents

Connected With S.B. Criminal Appeal (Sb) No. 294/2023

1. Kanhiyalal @ Kanha S/o Badrilal, Aged About 19 Years, Resident Of Bagri Mohalla Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

2. Sunil S/o Govind, Aged About 20 Years, Resident Of Tanki Mohalla Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

3. Ajay S/o Dhannalal, Aged About 19 Years, Resident Of Ramnagar Tanki Mohalla Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

----Appellants Versus

[2023/RJJP/004062] (2 of 6) [CRLAS-309/2023]

1. State of Rajasthan, Through P.p

2. Hemraj S/o Kajodilal, Resident Basodiya Police Station Aklera At Present Byepass Bhopal Road Murga Machli Market Aklera District Jhalawar (Raj)

----Respondents S.B. Criminal Appeal (Sb) No. 310/2023 Shivraj @ Shiva Son of Hajari Lal, Aged About 20 Years, R/o Bagri Mohalla, Aklera, District Jhalawar (Appellant Is Confined In District Jail Jhalawar)

----Appellant Versus

1. State of Rajasthan, Through P.p

2. Hemraj Meena Son of Kajodi Lal, R/o Bhopal Road, Aklera, District Jhalawar Rajasthan Permanent Address Basodiay Aklera, District Jhalawar Rajasthan

----Respondents S.B. Criminal Appeal (Sb) No. 311/2023 Miklesh S/o Hazarilal, Aged About 19 Years, Resident Of Ganesh Vihar Colony Aklera Police Station Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

----Appellant Versus

1. State of Rajasthan, Through P.p

2. Hemraj S/o Kajodilal, Resident Basodiya Police Station Aklera At Present Byepass Bhopal Road Murga Machli Market Aklera District Jhalawar (Raj)

----Respondents S.B. Criminal Appeal (Sb) No. 312/2023

1. Rajesh @ Raju @ Raja S/o Rameshchand,

[2023/RJJP/004062] (3 of 6) [CRLAS-309/2023]

Aged About 22 Years, Resident Of Iti Ke Pass Kharpa Road Aklera Police Station Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

2. Komal S/o Devlal, Resident Of Safin Hospital Ke Pass Ramnagar Mohalla Aklera Police Station Aklera District Jhalawar (At Present Confined In District Jail Jhalawar (Raj)

----Appellants Versus

1. State of Rajasthan, Through P.p

2. Hemraj S/o Kajodilal, Resident Basodiya Police Station Aklera At Present Byepass Bhopal Road Mruga Machli Market Aklera District Jhalawar (Raj)

----Respondents

For Appellant(s) : Ms. Krishna Bai (present in person), sister of accused-

appellants Lakhan & Mohan, Mrs. Lalta (present in person), mother of accused-

appellant Ajay, Mr. Lalit Kumar Bagri (present in person), brother of accused-appellant Sunil, Mr. Punam Bagari (present in person), father of accused-

appellant Kanhiyalal @ Kanha, Mrs. Hema Bai (present in person), mother of accused-

appellant Shivraj @ Shiva, Mr. Pawan Vishwakarma (present in person), brother of accused-appellant Miklesh, Mrs. Sugana Bai (present in person), mother of Rajesh @ Raju @ Raja & Mr. Dev Lal Meena (present in person), father of accused-

[2023/RJJP/004062] (4 of 6) [CRLAS-309/2023]

appellant Komal For : Mr. Sanjeev Mahala, P.P. Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

13/03/2023

Learned Public Prosecutor has apprised this

Court that compliance of Section 15-A (3) of the

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short "the

Act of 1989") has been made in present cases.

The present criminal appeals under Section 14-

A of the Scheduled Castes & the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 have been filed in

connection with FIR No.30/2023 registered at Police

Station Aklera, District Jhalawar for the offence under

Section(s) 143, 341, 323, 307, 308 & 504 of IPC and

under Section(s) 3-1(r)(s) & 3-2(v) 3-2(va) of the

Act of 1989.

It is contended by relatives of respective

accused-appellants named above that appellants are

innocent and have falsely been implicated in these

cases. They further submit that accused-appellants

are in judicial custody since long and the conclusion

of the trial will take long time, hence prays for their

release on bail.

[2023/RJJP/004062] (5 of 6) [CRLAS-309/2023]

Learned Public Prosecutor has opposed these

appeals.

Taking into consideration the overall facts and

circumstances of cases, but without expressing any

opinion on the merits and demerits of cases, this

Court deems it just and proper to enlarge appellants

on bail.

The orders dated 01.02.2023 & 04.02.2023

passed by the learned Special Judge, SC/ST

(Prevention of Atrocities Cases), Jhalawar

(Rajasthan) are quashed and set-aside and these

appeals are accordingly allowed. It is directed that

accused-appellants 1.Lakhan S/o Suresh,

2.Mohan S/o Suresh, 3.Kanhiyalal @ Kanha S/o

Badrilal, 4.Sunil S/o Govind, 5.Ajay S/o

Dhannalal, 6.Shivraj @ Shiva S/o Hajari Lal,

7.Miklesh S/o Hazarilal, 8.Rajesh @ Raju @ Raja

S/o Rameshchand & 9.Komal S/o Devlal shall be

released on bail provided each of them 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 learned trial Court with the

stipulation that they shall appear before that Court

and any Court to which the matter is transferred, on

[2023/RJJP/004062] (6 of 6) [CRLAS-309/2023]

all subsequent dates of hearing and as and when

called upon to do so and shall comply with all the

conditions laid down under Section 437(3) Cr.P.C.

A copy of this order be placed in each

connected file.

(UMA SHANKER VYAS),J

DANISH USMANI /78-82

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