Madansingh vs State Of Rajasthan ...
2023 Latest Caselaw 4186 Raj

[2023/RJJD/013850]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 319/2023

Madansingh S/o Shri Babusingh, Aged About 29 Years, R/o
Jaitsar Satrava Thana Dechu Dist. Jodhpur (Confined In Central
Jail Jodhpur)
                                                                        ----Appellant
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Sundar Kumar S/o Shri Dharmaram, Aged About 35
         Years, R/o Presently Setrava Dechu Dist. Jodhpur
                                                                     ----Respondents
                                 Connected With
               S.B. Criminal Appeal (Sb) No. 321/2023
1.       Chandraveer Singh S/o Shaitan Singh Rajput, Aged About
         30 Years, R/o Jetsar Setrawa Dechu Ps Dist. Jodhpur
         (Confined In Central Jail Jodhpur)
2.       Mool Singh S/o Devi Singh Rajput, Aged About 24 Years,
         R/o    Keshargarh         Setrawa         Dechu        Ps    Dist.   Jodhpur
         (Confined In Central Jail Jodhpur)
3.       Khinya Ram S/o Hamira Ram Bheel, Aged About 31 Years,
         R/o Viramdev Setrawa Dechu Ps Dist. Jodhpur (Confined
         In Central Jail Jodhpur)
4.       Bhikha Ram S/o Bhanwara Ram Bheel, Aged About 38
         Years, R/o Viramdev Setrawa Dechu Ps Dist. Jodhpur
         (Confined In Central Jail Jodhpur)
                                                                       ----Appellants
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Sunder Kumar S/o Dharma Ram Bheel, R/o Shergarh At
         Present R/o Saheb Filling Station Setrawa Dechu Ps Dist.
         Jodhpur
                                                                     ----Respondents


For Appellant(s)             :     Mr.Shrawan Singh Rathore.
                                   Mr.Pratap Singh.
For Respondent(s)            :     Mr.Sumer Singh Rajpurohit, P.P.




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 [2023/RJJD/013850]                   (2 of 3)                    [CRLAS-319/2023]


            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                JUDGMENT

05/05/2023 The instant appeal under Section 14A of the SC/ST (PA) Act

has been filed by the appellant against the order dated 16.3.2023

passed by learned Special Judge, SC/ST (PA) Act Cases, Jodhpur

Metro in Cr.Misc. Bail Application No.68/2023, whereby the bail

application filed by the appellants, who have been arrested in

connection with FIR No.34/2023 registered at Police Station

Dechu, District Jodhpur, for offences under Sections 143, 323,

341, 382, 504, 506, 327/34 IPC and Section 3(1)(r)(s) and 3(2)

(v)(va) of SC/ST (PA) Act, has been rejected.

Learned counsel for the appellants submitted that in the FIR,

though an allegation of inflicting injuries upon complainant has

been levelled against the appellants, but the injuries said to be

inflicted are neither grievous in nature nor dangerous to life.

Learned counsel submitted that the allegation of looting money

has been falsely levelled against them.

Learned counsel submitted that the appellants are in judicial

custody. He submitted that no recovery is to be effected from the

appellants and therefore, no fruitful purpose will be served by

keeping them in custody. Learned counsel submitted that the trial

of the case will take sufficiently long time. In the alternative, it is

submitted that the offences of Penal Code for which FIR has been

lodged against them are triable by a court of Magistrate,

therefore, the benefit of bail should be granted to the accused-

appellants.

[2023/RJJD/013850] (3 of 3) [CRLAS-319/2023]

Per contra, learned Public Prosecutor opposed the bail

application.

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the

appellant deserves to be enlarged on bail.

Accordingly, the appeal under Section 14A of the SC/ST (PA)

Act is allowed. The order dated 16.3.2023 passed by learned

Special Judge, SC/ST (PA) Act Cases, Jodhpur Metro is set aside

and it is ordered that the accused-appellants- Madansingh S/o

Shri Babusingh, Chandraveer Singh S/o Shaitan Singh

Rajput, Mool Singh S/o Devi Singh Rajput, Khinya Ram S/o

Hamira Ram Bheel and Bhikha Ram S/o Bhanwara Ram

Bheel shall be enlarged on bail in connection with FIR No.34/2023

registered at Police Station Dechu, District Jodhpur, provided each

of them furnishes a personal bond in the sum of Rs.50,000/- with

two sureties of Rs.25,000/- each to the satisfaction of the learned

trial Judge for their appearance before the court concerned on all

the dates of hearing as and when called upon to so.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.203-204

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