Sant Ram vs State Of Rajasthan ...
2023 Latest Caselaw 5418 Raj

[2023/RJJD/017715]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 180/2023

Sant Ram S/o Sh. Madu Ram, Aged About 52 Years, B/c Jat, R/o
Village Roop Nagar, Police Station Bhodhiwala, Tehsil And District
Fazilka (Punjab)
(Presently Lodged In Central Jail, Sri Ganganagar)
                                                                       ----Appellant
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Satnam Singh S/o Sh. Gurdeep Singh, Aged About 46
         Years, B/c Majbi Sikh (S.c.), R/o Village Danewala
         Satkosi, Police Station - Khuiya-Sarwar, Tehsil Abohar,
         District Fazilka (Punjab)
                                                                    ----Respondents


For Appellant(s)             :     Mr.Pradeep Shah.
For Respondent(s)            :     Mr.S.S.Rajpurohit, P.P.



             HON'BLE MR. JUSTICE KULDEEP MATHUR

                                   JUDGMENT

26/05/2023

The instant appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act has

been filed by the appellant against the order dated 20.1.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act Cases, Sriganganagar in Cr.

Case No.29/2023, whereby the bail application filed by the

appellant, who has been arrested in connection with FIR

No.240/2022 registered at Police Station Padampur, District

Sriganganagar, for offences under Sections 302, 201, 34 IPC and

and Sections 3(2)(v), 3(2)(va) of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, has been rejected.

[2023/RJJD/017715] (2 of 3) [CRLAS-180/2023]

Learned counsel for the appellant submitted that the

appellant has been falsely implicated in the present case. Learned

counsel submitted that the appellant has been arrested in the

present case only on the basis of suspicion that he had killed the

deceased Sukhraj Singh and thrown the dead body in the

reservoir (water tank). Learned counsel submitted that there is no

eye witness of the incident and the appellant has been arrested

solely on the basis of circumstantial evidence.

Lastly, learned counsel submitted that the appellant is

suffering from Ca Tonsil Cancer and therefore, he requires

constant care and treatment of the doctors so also affection of his

family members. To substantiate aforesaid contention, attention of

the Court was drawn towards a report of the Medical Board

constituted at Govt. District Hospital, Sriganganagar wherein

Medical Board has clearly observed that the appellant is suffering

from life threatening disease i.e. cancer and he requires chemo

therapy and radio therapy on regular basis.

Learned counsel submitted that the appellant is in judicial

custody, challan has been filed and the trial of the case will take

sufficiently long time, therefore, keeping in view the medical

condition of the appellant, the benefit of bail should be granted to

the accused-appellant.

Per contra, learned Public Prosecutor opposed the appeal.

However, he was not in a position to dispute the factum with

regard to illness of the appellant.

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

[2023/RJJD/017715] (3 of 3) [CRLAS-180/2023]

Having considered the rival submissions, facts and

circumstances of the case so also the fact that the appellant is

suffering from cancer and he requires regular treatment of chemo

therapy and radio therapy, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

appellant on bail.

Accordingly, the appeal under Section 14A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act is allowed. The order dated 20.1.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Sriganganagar in Cr. Case No.29/2023 is

set aside and it is ordered that the accused-appellant- Sant Ram

S/o Sh. Madu Ram shall be enlarged on bail in connection with

FIR No.240/2022 registered at Police Station Padampur, District

Sriganganagar, provided he 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 his appearance before

the court concerned on all the dates of hearing as and when called

upon to so.

It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of the instant

appeal. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J /tarun goyal

Sr.No.101

Powered by TCPDF (www.tcpdf.org)