Raju Son Of Banshilal vs State Of Rajasthan ...
2023 Latest Caselaw 5522 Raj/2

[2023:RJ-JP:26621]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Criminal Appeal (Sb) No. 1975/2023

1.       Raju Son Of Banshilal, Aged About 32 Years, Resident Of
         Doongarli Police Station Itawa District Kota (Raj)
2.       Ramhet Son Of Nathulal, Aged About 60 Years, Resident
         Of Doongarli Police Station Itawa District Kota (Raj)
3.       Manohar Son Of Banshilal, Aged About 29 Years, Resident
         Of Doongarli Police Station Itawa District Kota (Raj)
                                                                   ----Appellants
                                    Versus
1.       State Of Rajasthan, Through P.p
2.       Pooran Mal Meena Son Of Ram Ratan Meena, Resident Of
         Doongarli, Police Station Itawa, District Kota Rural (Raj)
                                                                 ----Respondents

For Appellant(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Ghan Shyam Singh Rathore, GA-cum-AAG with Mr. Riyasat Ali, PP Mr. Samarth Sharma

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

04/10/2023

1. The instant criminal appeal has been filed under Section

14A(2) of SC/ST (Prevention of Atrocities) Act on behalf of the

appellants against the order dated 14.07.2023 passed by learned

Special Judge, SC/ST (Prevention of Atrocities) cases, Kota in

Criminal Misc. Bail Application No.239/2023 arising out of FIR

No.227/2017 registered at Police Station Itawa, District Kota Rural

for the offences under Sections 147, 148, 149, 341 & 302 of IPC

and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act.

[2023:RJ-JP:26621] (2 of 3) [CRLAS-1975/2023]

2. Learned counsel for the appellants submits that in the

aforesaid FIR, so far as the appellants are concerned, after

thorough investigation, a negative final report has been submitted

by the police, however, co-accused - Jagdish was chargesheeted.

Vide order dated 09.06.2023, co-accused - Jagdish has been

convicted for the offences under Sections 302 & 341 of IPC, while

acquitting him for the charges of Sections 3(2)(v) & 3(2)(va) of

SC/ST Act. Surprisingly, vide the aforesaid order dated

09.06.2023, an application under Section 319 Cr.P.C. filed by the

complainant was accepted and appellants were summoned as

additional accused.

3. Learned counsel submits that there is no reason with the

learned trial court to summon the appellants straightaway through

warrant of arrest. He further submits that appellants are ready to

face the trial. He has relied upon the judgment of Hon'ble Apex

Court in the case of Vikas Vs. State of Rajasthan: 2013 Cr.L.R.

(SC) 988, wherein Hon'ble Apex Court held that in complaint

cases, arrest warrant should not be issued straightaway.

4. Learned Public Prosecutor assisted by learned counsel for the

complainant vehemently opposes the appeal and submits that

appellants are named in the FIR and their presence at the place of

crime is very well established. Learned counsel for the

complainant submits that cognizance has been taken for the

offences under Sections 3(2)(v) & 3(2)(va) of the SC/ST Act, thus,

considering the rigours of Section 18 of the SC/ST Act, this appeal

is not maintainable.

[2023:RJ-JP:26621] (3 of 3) [CRLAS-1975/2023]

5. Considering the contentions put-forth by the counsel for the

appellants; taking into account the totality of facts and

circumstances of the case, especially the fact that investigating

agency has not found any involvement of the appellants in the

offences and the ratio laid down by Hon'ble Apex Court in the case

of Vikas Vs. State of Rajasthan (supra), this court deems it just

and proper to dispose of this appeal with a direction that

appellants shall appear before the learned trial court on or before

13.10.2023 and submit their bail bonds. Learned trial court is

directed to accept their bail bonds. The impugned order dated

14.07.2023 passed by learned Special Judge, SC/ST (Prevention

of Atrocities) cases, Kota in Criminal Misc. Bail Application

No.239/2023 is quashed and set aside.

6. Till 13.10.2023, warrant of arrest issued against the

appellants shall be kept abeyance.

7. With the aforesaid directions, this criminal appeal is disposed

of.

(ANIL KUMAR UPMAN),J

359-Nirmala

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