Aslam vs State Of Rajasthan
2023 Latest Caselaw 5417 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 224/2023 Aslam S/o Abdul Rashid, Aged About 28 Years, R/o Basad, P.s. - Pratapgarh, District Pratapgarh (Raj.) (At Present Lodged At District Jail, Pratapgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Vishal Trivedi Valmiki S/o Rajkumar, Aged About 32 Years, R/o 96, Shahstri Nagar, Khempura, Udaipur. At Present R/o Director, Second Mining Department, Pratapgarh.

----Respondents

For Appellant(s) : Mr. Manish 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 co-accused

- 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. Learned counsel submitted

that the case of the appellant is not distinguishable from that of

(2 of 2) [CRLAS-224/2023]

co-accused who has already been enlarged on bail by this Court.

Learned counsel submitted that the appellant is in judicial custody

since long and the trial of the case will take sufficiently long time

to conclude. Thus, learned counsel prayed 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 09.02.2023 passed by the Special Judge, SC/ST

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

is ordered that the accused-appellant -Aslam S/o Abdul Rashid

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 123-Ravi Khandelwal

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