Rajasthan High Court
Sanni S/O Harsahay vs State Of Rajasthan (2024:Rj-Jp:33818) on 8 August, 2024
Author: Uma Shanker Vyas
Bench: Uma Shanker Vyas
[2024:RJ-JP:33818]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal (Sb) No. 1618/2024
Sunil S/o Jagdish, Aged About 26 Years, R/o
Mahukeda, Police Thana Baijupada District Dausa
(Accused Presently Confined In Central Jail, Dausa)
----Appellant
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Gaurav Mahar S/o Santoshi Lal, Aged About
22 Years, R/o Gagawana, Police Thana
Balahedi, District Dausa
----Respondents
Connected With
S.B. Criminal Miscellaneous Bail Application No.
Sanni S/o Harsahay, Aged About 27 Years, R/o
Khedali Kalan (Tilan Ki Khedali), Police Station
Mandavar, District Dausa. (Presently Confined In
District Jail Dausa).
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Gaurav Mahar S/o Santoshi Lal, Aged About
22 Years, R/o Gagawana, Police Station
Balahedi, District Dausa (Raj.).
----Respondents
For Appellant(s) : Mr. Mukesh Kumar Meena,
Adv.
Mr. Chain Singh Rathore, Adv.
For : Mr. Laxman Meena, P.P.
Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
[2024:RJ-JP:33818] (2 of 4) [CRLAS-1618/2024]
Judgment / Order
08/08/2024
Heard learned counsel for the appellant- Sanni
on an application No.1/2024 in SB Criminal Misc. Bail
Application No.9788/2024, for waiving of defect(s)
pointed out by the Registry.
For the reasons stated in the aforementioned
application, the same is allowed.
The defect(s) pointed out by the Registry is
waived.
Learned Public Prosecutor has apprised this
Court that compliance of Section 15-A (3) of the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short "the
Act of 1989") has been made in these present cases.
These present criminal appeals under Section
14-A of the Act of 1989 have been filed in connection
with FIR No.101/2024 registered at Police Station
Mahuwa, District Dausa for the offence under
Section(s) 143, 307 & 393 of IPC, under Section(s)
3/25 of Arms Act and under Section(s) 3(2)(va) of
the Act of 1989.
It is contended by learned counsel for
appellants that appellants are innocent and have
falsely been implicated in these cases. They further
[2024:RJ-JP:33818] (3 of 4) [CRLAS-1618/2024]
submit that accused-appellants have been in judicial
custody since long and the conclusion of the trial will
take long time, hence prays for their release on bail.
Learned Public Prosecutor has opposed these
appeals.
Taking into consideration the overall facts and
circumstances of these cases, but without expressing
any opinion on the merits and demerits of these
cases, this Court deems it just and proper to enlarge
appellants on bail.
The order dated 19.07.2024 passed by the
learned Special Judge, SC/ST (Prevention of
Atrocities Cases), Dausa (Rajasthan) is quashed and
set-aside and these appeals are accordingly allowed.
It is directed that accused appellants 1.Sunil S/o
Jagdish & 2.Sanni S/o Harsahay shall be released
on bail provided each of them furnishes a personal
bond in the sum of Rs.1,00,000/- (Rupees One Lac
Only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) each to
the satisfaction of the learned trial Court with the
stipulation that they shall appear before that Court
and any Court to which the matter is transferred, on
all subsequent dates of hearing and as and when
[2024:RJ-JP:33818] (4 of 4) [CRLAS-1618/2024]
called upon to do so and shall comply with all the
conditions laid down under Section 437(3) Cr.P.C.
A copy of this order be placed in connected file.
(UMA SHANKER VYAS),J
DANISH USMANI /465 & 466
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