Mohammad Sultan S/O Mohammad Vajib vs State Of Rajasthan (2024:Rj-Jp:14261)
2024 Latest Caselaw 2195 Raj/2

Rajasthan High Court

Mohammad Sultan S/O Mohammad Vajib vs State Of Rajasthan (2024:Rj-Jp:14261) on 21 March, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:14261]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

        S.B. Criminal Appeal (Sb) No. 289/2024

1.     Mohammad Sultan                 S/o     Mohammad Vajib,
       Aged About 25 Years, Resident Of Naru Ki
       Bavdi, Kagji Devra, Police Station Kotwali,
       District Bundi. (At Present Confined In District
       Jail Bundi, District Bundi)
2.     Mohammad Arbaj S/o Mohammad Vajib, Aged
       About 19 Years, Resident Of Naru Ki Bavdi,
       Kagji Devra, Police Station Kotwali, District
       Bundi. (At Present Confined In District Jail
       Bundi, District Bundi)
3.     Mohammad Shahid @ Bittu S/o Mohammad
       Vajid, Resident Of Naru Ki Bavdi, Kagji Devra,
       Police Station Kotwali, District Bundi. (At
       Present Confined In District Jail Bundi, District
       Bundi)                                            ----Appellants
                                Versus
1.     State Of Rajasthan, Through Public Prosecutor

2. Mahendra Kumar S/o Gajanand Khatik, R/o Pani Ki Tanki Ke Niche, Kagji Devra, Bundi, Kotwali Bundi, Rajasthan. ----Respondents

For Appellant(s) : Mr. Majhar Hussain, Adv., and Mr. Akram Khan, Adv., for Mr. Eliyas Ali, Adv.

For                      : Mr. Riyasat Ali, P.P.
Respondent(s)              Mr. Rajneesh Gupta, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 21/03/2024

The present criminal appeal under Section 14-A

of the Scheduled Castes & the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short "the

[2024:RJ-JP:14261] (2 of 3) [CRLAS-289/2024]

Act of 1989") has been filed in connection with FIR

No.417/2023 registered at Police Station Kotwali,

District Bundi for the offence under Section(s) 341,

323, 324, 325, 307/34 of IPC and under Section(s)

3(1)(R)(S), 3(2)(V), 3(2)(va) of the Act of 1989.

It is contended by learned counsel for the

appellants that the appellants are innocent and have

falsely been implicated in this case. He further

submits that it is the case of version and cross-

version and the charge-sheet has already been filed.

He also submits that the 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 the

appeal.

Taking into consideration the overall facts and

circumstances of the case, but without expressing

any opinion on the merits and demerits of the case,

this Court deems it just and proper to enlarge the

appellants on bail.

The order dated 31.01.2024 passed by the

learned Special Judge, SC/ST (Prevention of

Atrocities Cases), Bundi (Rajasthan) is quashed and

set-aside and this appeal is accordingly allowed. It is

[2024:RJ-JP:14261] (3 of 3) [CRLAS-289/2024]

directed that accused-appellants namely (1)

Mohammad Sultan S/o Mohammad Vajib, (2)

Mohammad Arbaj S/o Mohammad Vajib and (3)

Mohammad Shahid @ Bittu S/o Mohammad

Vajid 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 called upon to do so and

shall comply with all the conditions laid down under

Section 437(3) Cr.P.C.

(UMA SHANKER VYAS),J

YOGESH KUMAR /31

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