Bhawani Singh S/O Hira Lal vs State Of Rajasthan (2024:Rj-Jp:39580)
2024 Latest Caselaw 5852 Raj/2

Rajasthan High Court

Bhawani Singh S/O Hira Lal vs State Of Rajasthan (2024:Rj-Jp:39580) on 19 September, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:39580]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Appeal (Sb) No. 1761/2024

Shobharam S/o Kanwar Lal, Aged About 48 Years,
Resident Of Fatehgarh Police Station Raipur District
Jhalawar (Raj) ( Presently Confined In District Jail,
Jhalawar ).
                                                         ----Appellant
                                Versus
1.     State Of Rajasthan, Through Pp
2.     Rakesh S/o Ram Chand, Aged About 30 Years,
       Resident Of Fatehgarh Police Station Raipur
       District Jhalawar (Raj)
                                                   ----Respondents

Connected With S.B. Criminal Appeal (Sb) No. 1760/2024 Bhawani Singh S/o Hira Lal, Aged About 36 Years, Resident Of Fatehgarh, Police Station Raipur District Jhalawar (Raj) (Presently Confined In District Jail Jhalawar)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Rakesh S/o Ram Chand, Aged About 30 Years, Resident Of Fatehgarh Police Station Raipur District Jhalawar (Raj)

----Respondents

For Appellant(s) : Mr. Anubodh Subodh Jain, Adv.

For                      : Mr. Devi Singh, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

[2024:RJ-JP:39580] (2 of 3) [CRLAS-1761/2024]

Judgment / Order

19/09/2024

Learned Public Prosecutor has apprised this

Court that compliance of Section 15-A (3) of the

Scheduled Castes & the Scheduled Tribes (Prevention

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

has been made in the present case.

The present criminal appeal under Section 14-A

of the Act of 1989 has been filed in connection with

FIR No.92/2024 registered at Police Station Raipur,

District Jhalawar for the offence under Section(s)

341, 323, 504, 506, 308, 34 of IPC and under

Section(s) 3-1(r)(s), 3-2(v) 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 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,

[2024:RJ-JP:39580] (3 of 3) [CRLAS-1761/2024]

this Court deems it just and proper to enlarge the

appellants on bail.

The order dated 23.07.2024 passed by the

learned Special Judge, SC/ST (Prevention of

Atrocities Cases), Jhalawar (Rajasthan) is quashed

and set-aside and this appeal is accordingly allowed.

It is directed that accused-appellants namely (1)

Shobharam S/o Kanwar Lal and (2) Bhawani

Singh S/o Hira Lal 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./480(3) B.N.S.S.

(UMA SHANKER VYAS),J

YOGESH KUMAR /419-420

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