Riyan @ Rehan Sheikh vs State Of Rajasthan
2023 Latest Caselaw 4306 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 306/2023

Riyan @ Rehan Sheikh S/o Sh. Abrar Shiekh, Aged About 19 Years, Basad, P.s. Pratapgarh, Dist. Pratapgarh, Rajasthan. (Presently Lodged In Dist. Jail Pratapgarh).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Vishal S/o Sh. Rajkumar Trivedi, 96 Shastrinagar Khempura, P.s. Pratapnagar, Dist. Udaipur At Present At Mining Operations Direction-Ii, Mining Department, Pratapgarh.

----Respondents

For Appellant(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

09/05/2023

The instant appeal has been filed under Section 14(A)(2) of

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

who is in custody in connection with FIR No.437/2022 registered

at Police Station Pratapgarh, District Pratapgarh for the offences

under Sections 143, 341, 342 and 384 IPC and Section 3(2)(va) of

SC/ST Act.

Heard learned counsel for the appellant and Public

Prosecutor for the State. Perused the material available on record.

Learned counsel submitted that challan of the case has

already been filed. Learned counsel submitted that the appellant is

in judicial custody since long and the trial of the case will take

(2 of 2) [CRLAS-306/2023]

sufficiently long time to conclude. Thus, learned counsel submits

that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor vehemently opposed

the bail application.

Having regard to the totality of facts and circumstances as

available on record and upon consideration of the arguments

advanced without commenting on the merits of the case, this

Court deems it proper to enlarge the appellant on bail.

Consequently, the instant appeal is allowed. The impugned

order dated 06.02.2023 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, District Pratapgarh is set aside. It

is ordered that the accused-appellant - Riyan @ Rehan Sheikh

S/o Sh. Abrar Shiekh arrested in connection with FIR

No.437/2022 registered at Police Station Pratapgarh, District

Pratapgarh shall be released on bail, if not wanted in any other

case, provided him furnish a personal bond of Rs.1,00,000/- and

two sureties of Rs.50,000/- each to the satisfaction of the learned

lower 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 314-Ravi Kh/-

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