Rajasthan High Court
Maliram Devenda S/O Shri Hanuman ... vs State Of Rajasthan ... on 9 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:27880]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Appeal No. 1557/2023
Maliram Devenda S/o Shri Hanuman Sahai Devenda, Aged About
36 Years, R/o Village Rajawas Near Jain Temple Police Station
Harmara, District Jaipur (Presently Confined In Central Jail
Jaipur)
----Accused/Appellant
Versus
1. State of Rajasthan, through P.P.
2. Rajendra Meena S/o Shri Ramesh Chandra Meena, Aged
About 25 Years, R/o Gangaji Wali Dhani, Village Radawas
Police Station Amarsar District Jaipur
----Defendants
For Appellant(s) : Mr. Shailesh Kumar Panwar
For Respondent(s) : Mr. Prashant Sharma, P.P.
Mr. Harendra Singh, for the
complainant.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment / Order
09/10/2023
1. The instant misc. appeal has been filed under Section 14(A)
SC/ST (Prevention Of Atrocities) Act on behalf of the appellant,
who is in custody in connection with FIR No.90/2023 registered at
Police Station Daulatpura (Jaipur-Ajmer Highway), District Jaipur
(West), for the offences under Sections 302 & 143 of IPC and
Sections 3(2)(V), 3(2)Va) of the SC/ST (Prevention Of Atrocities)
Act. Later on charge-sheet has been filed for the offences under
Sections 143, 304 & 34 of IPC and Sections 3(2)(V), 3(2)Va) of
the SC/ST (Prevention Of Atrocities) Act.
[2023:RJ-JP:27880] (2 of 3) [CRLAS-1557/2023]
2. It is contended by learned counsel for the appellant that the
appellant has falsely been implicated in this case. He further
submits that on a bare reading of the charge-sheet, the
possibility of accidental death cannot be ruled out. He submits
that no offence under Section 302 of IPC has been found proved in
the investigation. He further submits that the charge-sheet has
been filed under Sections 143, 304 & 34 of IPC and Sections 3(2)
(V), 3(2)Va) of the SC/ST (Prevention Of Atrocities) Act. The
appellant is in custody since 30.05.2023 and his further custody is
not warranted for any fruitful purpose and there are no criminal
antecedents of the appellant.
3. Per contra, learned State-counsel assisted by the learned
counsel for the complainant have vehemently opposed the prayer
of bail and submit that the appellant is named in the FIR.
4. Heard learned counsel for the appellant, learned counsel for
the complainant and learned State-counsel. Perused the material
available on record.
5. Having regard to the totality of the facts and circumstances;
considering the arguments advanced by learned counsel for both
the parties and the fact that no offence under Section 302 has
been found proved in the investigation and charge-sheet has been
filed for the offences under Sections 143, 304 & 34 of IPC and
Sections 3(2)(V), 3(2)Va) of the SC/ST (Prevention Of Atrocities)
Act, but without expressing any opinion on merits/demerits of this
case, this Court deems it just and proper to enlarge the appellant
on bail.
[2023:RJ-JP:27880] (3 of 3) [CRLAS-1557/2023]
6. Consequently, the instant appeal is allowed. The impugned
order dated 02.06.2023 passed by the Special Judge, SC/ST
(Prevention Of Atrocities) Cases, (Additional Sessions Judge No.2),
Jaipur Metropolitan-II is set aside. It is ordered that the accused-
appellant-Maliram Devenda S/o Shri Hanuman Sahai
Devenda arrested in connection with aforesaid FIR, shall be
released on bail, if not wanted in any other case, provided he/she
furnishes a personal bond 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.
(ANIL KUMAR UPMAN),J
Manish/144
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