Mahesh Suman S/O Chouthmal vs State Of Rajasthan (2024:Rj-Jp:15003)
2024 Latest Caselaw 2329 Raj/2

Rajasthan High Court

Mahesh Suman S/O Chouthmal vs State Of Rajasthan (2024:Rj-Jp:15003) on 28 March, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:15003]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

        S.B. Criminal Appeal (Sb) No. 642/2024

Mahesh Suman S/o Chouthmal, Aged About 27
Years, R/o Gopal Colony, Baran Mangrol Road
Baran, P.s. Kotwali Baran District Baran (Presently
Confined In Dsitrict Jail Baran)
                                                         ----Appellant
                                Versus
1.     State Of Rajasthan, Through Pp
2.     Ummed Kumar Meena S/o Hemraj Ji Meena,
       Aged About 38 Years, R/o Mathana Thana
       Sadar Baran
                                                   ----Respondents

Connected With S.B. Criminal Appeal (Sb) No. 557/2024 Rahul Suman S/o Late Mukesh Mali, Aged About 20 Years, R/o Gopal Colony, Baran Mangrol Road, Baran P.s. Kotwali Baran District Baran (Presently Confined In District Jail Baran)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Ummed Kumar Meena S.o Hemrajji Meena, R/o Mathana Thana Sadar Baran

----Respondents

For Appellant(s) : Mr. Jitendra Pandey, Adv. For : Mr. Yashwant Kankhedia, P.P. Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 28/03/2024

[2024:RJ-JP:15003] (2 of 3) [CRLAS-642/2024]

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 cases.

The present criminal appeals under Section 14-

A of the Scheduled Castes & the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 has been filed in

connection with FIR No.68/2024 registered at Police

Station Kotwali Baran, District Baran for the offence

under Section(s) 147, 148, 149, 341, 323, 324, 307,

504, 506, 427 & 452 of IPC, under Section(s) 3(1)(r)

(s), 3(2)(v) & 3(2)(va) of the Act of 1989 and under

Section(s) 4/25 of Arms Act.

It is contended by learned counsel for

appellants that appellants are innocent and have

falsely been implicated in these cases. He further

submits 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

[2024:RJ-JP:15003] (3 of 3) [CRLAS-642/2024]

cases, this Court deems it just and proper to enlarge

appellants on bail.

The orders dated 14.03.2024 & 05.03.2024

passed by the learned Special Judge, SC/ST

(Prevention of Atrocities Cases), Baran are quashed

and set-aside and these appeals are accordingly

allowed. It is directed that accused appellants

1.Mahesh Suman S/o Chouthmal & 2.Rahul

Suman S/o Late Mukesh Mali 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.

A copy of this order be placed in connected file.

(UMA SHANKER VYAS),J

DANISH USMANI /16 & 17

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