Kundanmal vs State Of Rajasthan (2023:Rj-Jd:39824)
2023 Latest Caselaw 9941 Raj

Rajasthan High Court - Jodhpur

Kundanmal vs State Of Rajasthan (2023:Rj-Jd:39824) on 21 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:39824]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2352/2023

1.       Kundanmal S/o Ishwar Das, Aged About 67 Years, R/o
         Barmer Ps Kotwali Dist. Barmer
2.       Pramod S/o Kundanmal, Aged About 38 Years, R/o
         Barmer Ps Kotwali Dist. Barmer
3.       Lalit S/o Kundanmal, Aged About 32 Years, R/o Barmer Ps
         Kotwali Dist. Barmer
                                                                   ----Appellants
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Maya Devi W/o Mehra Ram, R/o Hapo Ki Dhani Barmer
3.       Champa Lal S/o Mehra Ram, R/o Hapo Ki Dhani Barmer
                                                                 ----Respondents


For Appellant(s)          :     Ms. Saeena Bano
                                Mr. Sampat Prajapat
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

21/11/2023

1. The instant appeal has been filed under Section 14-A(2) SC/

ST (Prevention of Atrocities) Act on behalf of the appellants,

who are in custody in connection with FIR No.316/2023,

Police Station Kotwali, District Barmer for the offences under

Sections 420, 406 and 448 of IPC and Sections 3(1)(v)(r)(s)

(w) of the SC/ST (Prevention of Atrocities) Act, being

aggrieved by the order dated 25.10.2023, whereby the pre-

arrest bail application under Section 438 of the Cr.P.C. has

been rejected by the trial Court.

2. Learned Public Prosecutor submits that the complainant of

the case has been intimated regarding hearing of the bail

plea. However, no one has turned up on her behalf.

[2023:RJ-JD:39824] (2 of 3) [CRLAS-2352/2023]

3. It is submitted by learned counsel for the appellants that the

appellants have falsely been implicated in the present case

and they have nothing to do with the alleged offences.

Expeditious culmination of trial is not a seeming fate and no

fruitful purpose would be served by keeping the appellants

behind the bars. He, therefore, prays that benefit of bail

may be granted to the appellants.

4. Per contra, learned learned Public Prosecutor has opposed

the bail application.

5. Heard learned counsel for the appellants and learned Public

Prosecutor and perused the material available on record.

6. Upon consideration of the fact that prima facie, the offences

under Sections 420 and 406 of IPC, are not made out even if

the allegations as set out in the FIR are taken on its face

value. Since, there was a transaction between the parties

and they were having a cordial relationship, therefore, this

submission cannot be ignored at this stage that any offence

falling under the provision of SC/ST Act, is made out. The

reliance is placed upon the judgment of Hon'ble the Supreme

Court in the case of Prathvi Raj Chauhan Vs. Union of

India (UOI) & Ors. reported in AIR 2020 SC 1036. The

present is not the case where custodial intervention is

required. There are no compelling circumstances for which,

the appellants may be directed to first appear before jail

authorities and then to get bail.

7. Consequently, the instant appeal is allowed. The impugned

order dated 25.10.2023 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Barmer is set aside. It is

[2023:RJ-JD:39824] (3 of 3) [CRLAS-2352/2023]

ordered that the accused-appellants (1) Kundanmal S/o

Ishwar Das (2) Pramod S/o Kundanmal (3) Lalit S/o

Kundanmal, arrested in connection with aforesaid FIR, shall

be released on bail, if not wanted in any other case, provided

each of them furnishes a personal bond in the sum of Rs.

50,000/- and two sureties of Rs. 25,000/- each to the

satisfaction of the learned trial Court with the stipulation to

appear before that Court on all dates of hearing and as and

when called upon to do so.

(FARJAND ALI),J

166-/Devesh/-

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