Heeralal vs State Of Rajasthan ...
2023 Latest Caselaw 7009 Raj

[2023:RJ-JD:28890]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Appeal (SB) No. 805/2023

Jugat Singh S/o Binjraj Singh, Aged About 36 Years, R/o
Ramdeora Ps Ramdeora Dist. Jaisalmer
(At Present Lodged In Dist. Jail Jaisalmer)
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Durga W/o Heera Lal, R/o Ramdeora Ps Ramdeora Dist.
         Jaisalmer
                                                                 ----Respondents
                               Connected With
               S.B. Criminal Appeal (SB) No. 1652/2023
Heeralal S/o Shri Gordhanram, Aged About 48 Years, R/o
Ramdevra Ps Ramdevra Dist. Jaisalmer
(Dist. Jail Jaisalmer)
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Durga W/o Shri Heeralal, Aged About 33 Years, R/o
         Ramdevra Ps Ramdevra Dist. Jaisalmer
                                                                 ----Respondents


For Appellant(s)           :    Mr.Deepak Menaria,
                                Mr.Sunil Kumar.
For Respondent(s)          :    Mr.Mool Singh, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                JUDGMENT

11/09/2023

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

Castes and Scheduled Tribes (Prevention of Atrocities) Act have

been filed by the appellants against the orders dated 16.5.2023

and 7.8.2023 passed by learned Special Judge, Scheduled Castes

[2023:RJ-JD:28890] (2 of 4) [CRLAS-805/2023]

and Scheduled Tribes (Prevention of Atrocities) Act Cases,

Jaisalmer in Cr. Misc. Case Nos.172/2023 and 336/2023, whereby

the bail applications filed by the appellants, who have been

arrested in connection with FIR No.15/2023 registered at Police

Station Ramdeora, District Jaisalmer, for offences under Section

376, 376(2)(N) of IPC and Section 3(1)(w)(i), 3(2)(v)(va) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, has been rejected.

Learned counsel submitted that the appellants have been

falsely implicated in a criminal case. Learned counsel submitted

that the prosecutrix is in a habit of lodging FIRs by levelling false

allegations with a view to extort money. It was submitted that on

15.4.2023, prosecutrix lodged an FIR against appellants at PS

Ramdeora, District Jaisalmer bearing FIR No.15/2023 for the

offences under Sections 366, 323, 384, 344, 376/511 of IPC and

under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 in which a compromise was

arrived at between the appellants and prosecutrix. Learned

counsel further submitted that the FIRs of similar nature were

lodged by the prosecutrix being FIR No.81/2021 and FIR

No.09/2022 wherein also, similar allegations were levelled by her

against few other persons.

Learned counsel submitted that the conduct of the

prosecutrix in lodging FIRs with similar allegations against various

persons is indicative of the fact that she misusing the process of

law. Learned counsel submitted that the present FIR has been

lodged with false allegations that the appellant (Jugat Singh) sold

[2023:RJ-JD:28890] (3 of 4) [CRLAS-805/2023]

a tractor No.HR.20K.7850 to the appellant (Heera Lal) for a

consideration of Rs.2,50,000/-. Learned counsel submitted that

the appellant (Heera Lal) is husband of the prosecutrix and after

aforementioned transaction between appellants (Heera Lal and

Jugat Lal), certain disputes arose between the spouses and owing

to the same on next day i.e. 2.3.2022 the present FIR has been

lodged with bundle of false facts; challan has been filed and the

trial of the case will take sufficiently long time, therefore, the

benefit of bail should be granted to the accused-appellants.

Per contra, learned Public Prosecutor opposed the appeal.

Heard learned counsel for the appellants and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

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

wife of appellant (Heera Lal), therefore, the possibility of dispute

between the spouses owing to the purchase of tractor cannot be

ruled out and in view of the fact that earlier also, FIRs were

lodged by the prosecutrix against various other persons including

appellant (Jugat Singh) with similar allegations, without

expressing any opinion on merits/demerits of the case, this Court

is inclined to enlarge the appellants on bail.

Accordingly, these two appeals under Section 14A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act are allowed. The orders dated 16.5.2023 and 7.8.2023 passed

by learned Special Judge, Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act Cases, Jaisalmer in Cr. Misc. Case

Nos.172/2023 and 336/2023 is set aside and it is ordered that the

[2023:RJ-JD:28890] (4 of 4) [CRLAS-805/2023]

accused-appellants- (i) Jugat Singh S/o Binjraj Singh and (ii)

Heeralal S/o Shri Gordhanram shall be enlarged on bail in

connection with FIR No.15/2023 registered at Police Station

Ramdeora, District Jaisalmer, provided each of them 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

their 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.

A copy of this order be placed in each file.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.427-428

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