Jagjeet Singh @ Jeeta vs State Of Rajasthan ...
2023 Latest Caselaw 6952 Raj

[2023:RJ-JD:28470]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1828/2023

Jagjeet Singh @ Jeeta S/o Gurdev Singh, aged about 33 Years, R/o W.no. 8, Masani, Police Station Tibbi Tehsil Tibbi District Hanumangarh.

(Presently lodged in Dist. jail Hanumangarh).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Devi Lal S/o Sahi Ram, B/c Bawari, R/o Vill. W.no. 4, Masani, Police Station Tibbi Teh. Tibbi Dist. Hanumangarh.

----Respondents

For Appellant(s) : Mr. Bhoop Singh Moond For Respondent(s) : Mr. Mahipal Bishnoi, P.P. For Complainant(s) : Mr. M.R. Choudhary

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

06/09/2023

The instant appeal has been filed under Section 14(A) of the

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with FIR No.312/2020 registered

at Police Station Tibbi, District Hanumangarh for the offences

under Sections 307, 195, 450, 143 and 120B IPC and Section 3(1)

(S), 3(2)(V), 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 the specific

allegation of firing has been levelled against accused Baldev

Singh. Drawing attention of this Court towards the FIR, learned

[2023:RJ-JD:28470] (2 of 3) [CRLAS-1828/2023]

counsel submitted that no specific role has been assigned to the

present appellant. Learned counsel further submitted that co-

accused persons namely Rakesh Kumar, Subba Singh, Dhanna

Singh and Baljeet Singh have already been enlarged on bail by a

coordinate Bench of this Court vide orders dated 22.08.2023 and

01.09.2023, passed in S.B.CRLMB Nos.10228/2023 and

1748/2023 respectively. Learned counsel submitted that the case

of the appellant is not distinguishable from that of above-named

co-accused who have already been enlarged on bail by a

coordinate Bench of 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 12.07.2023 passed by the Special Judge, SC/ST

(Prevention of Atrocities Cases), District Hanumangarh is set

aside. It is ordered that the accused-appellant -Jagjeet Singh @

Jeeta S/o Gurdev Singh arrested in connection with FIR

No.312/2020 registered at Police Station Tibbi, District

Hanumangarh shall be released on bail, if not wanted in any other

case, provided him furnish a personal bond of Rs.1,00,000/- and

[2023:RJ-JD:28470] (3 of 3) [CRLAS-1828/2023]

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 38-Ravi Khandelwal

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