Rajasthan High Court - Jodhpur
Riyan vs State Of Rajasthan on 26 May, 2023
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 540/2023
1. Riyan S/o Abrar Sheikh, Aged About 19 Years, Basad, P.s.
Pratapgarh, Dist. Pratapgarh (At Present Appellants Are
Lodged In Dist. Jail, Pratapgarh)
2. Taiyyab S/o Shabir, Aged About 23 Years, Basad, P.s.
Pratapgarh, Dist. Pratapgarh (At Present Appellants Are
Lodged In Dist. Jail, Pratapgarh)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Vishal Trivedi Valmiki S/o Rajkumar, Aged About 32 Years,
96, Shahstri Nagar, Khempura, Udaipur. At Present R/o
Director, Second Mining Depart., Pratapgarh.
----Respondents
For Appellant(s) : Mr. Manish Kumar Pitaliya
For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
26/05/2023
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 for the appellant submitted that
inadvertently, appeal in respect of Appellant No.1 - Riyan @
(2 of 3) [CRLAS-540/2023]
Rehan Sheikh S/o Shri Abrar Shiekh has been filed along with
appellant No.2. Learned counsel submitted that as a matter of
fact, appellant No.1 - Riyan @ Rehan Sheikh S/o Shri Abrar
Shiekh has already been enlarged on bail by this Court vide order
dated 09.05.2023 passed in S.B. Criminal Appeal No.306/2023.
Thus, learned counsel prayed that benefit of bail may be extended
to the appellant No.2 only.
In view of aforesaid submission, learned counsel submitted
that he does not want to press the present criminal appeal qua the
Appellant No.1- Riyan @ Rehan Sheikh S/o Shri Abrar
Shiekh. Learned counsel submitted that the case of the appellant
No.2 - Taiyyab S/o Shabir is not distinguishable from that of
appellant No.1 who has already been enlarged on bail vide order
dated 09.05.2023 passed in S.B. Criminal Appeal No.306/2023,
therefore, the Appellant No.2 - Taiyyab S/o Shabir also deserves
to be enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed
the appeal.
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 No.2 on bail.
Consequently, the instant appeal is partly 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 No.2 -Taiyyab S/o
Shabir arrested in connection with FIR No.437/2022 registered at
Police Station Pratapgarh, District Pratapgarh shall be released on
(3 of 3) [CRLAS-540/2023]
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
122-Ravi Kh/-
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