Oab Singh vs State Of Rajasthan ...
2023 Latest Caselaw 7593 Raj

[2023:RJ-JD:31310]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2032/2023

Oab Singh S/o Chandan Singh, Aged About 31 Years, R/o Village
Ravo Ka Bass, Bagoda, P.s. Bagoda, Dist. Jalore(Raj.)
(Presently Lodged In Dist. Jail, Jalore)
                                                                         ----Appellant
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Mukesh Dahiya S/o Pukhraj Dahiya, B/c Meghwal R/o
         Shanti      Nagar     Colony,      P.s.    Kotwali         Tehsil   And   Dist.
         Jalore(Raj.)
                                                                     ----Respondents


For Appellant(s)              :    Mr.Bhoop Singh Choudhary.
For Respondent(s)             :    Mr.S.K.Bhati, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                   JUDGMENT

21/09/2023 The instant appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act has

been filed by the appellant against the order dated 16.9.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

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

No.204/2023, whereby the bail application filed by the appellant,

who has been arrested in connection with FIR No.2/2018

registered at Police Station Jalore, District Jalore, for offences

under Sections 506 IPC and 3(2)(R)(S), 3(2)(VA) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, has

been rejected.

[2023:RJ-JD:31310] (2 of 3) [CRLAS-2032/2023]

Though the appellant jumped bail way back on 5.2.2022

while facing trial. However, on issuance of warrant of arrest, he

was arrested by the police and was presented before the

competent criminal court on 16.9.2023 whereafter, the appellant

was sent to judicial custody.

Learned counsel for the appellant submitted that the

appellant could not appear before the learned trial court for

marking his attendance for the reason that he went out of station

for earning his livelihood. Learned counsel thus implored the Court

to enlarge the appellant on bail.

Per contra, learned Public Prosecutor opposed the bail

application.

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances, this Court is of

the opinion that the appellant deserves to be granted one more

opportunity to face trial while being on bail.

Accordingly, the appeal under Section 14A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act is allowed. The order dated 16.9.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Jalore is set aside and it is ordered that

the accused-appellant- Oab Singh S/o Chandan Singh shall be

enlarged on bail in connection with FIR No.2/2018 registered at

Police Station Jalore, District Jalore, provided he 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

[2023:RJ-JD:31310] (3 of 3) [CRLAS-2032/2023]

his appearance before the court concerned on all the dates of

hearing as and when called upon to so.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.784

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