Special Criminal Appeals against an order dismissing bail applications were allowed. The High Court deemed it just and proper to release the appellants on bail, directing them to furnish a personal bond and two sureties.
Appellants Rajesh and Mukesh released on bail requiring personal bond of Rs.2,00,000/ and sureties of Rs.1,00,000/ each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
O R D E R
(1). S.B.CRIMINAL APPEAL NO. 1224/2016.
Rajesh @ Raju Vs. State of Raj.
(ii). S.B.CRIMINAL APPEAL NO.1225/2016.
Mukesh Vs. State of Raj.
DATE OF ORDER ::::: 26.10.2016.
+HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA
Shri SS Hasan & Shri Dilip Bagdoliya, counsel for the appellant. Shri RS Shekhawat, Public Prosecutor for State.
These two appeals have been filed under Section 14-A of SC/ST (Prevention of Atrocity) Act, 1989 against the order dated 24.10.2016 passed by the Special Judge, SC/ST Cases, Tonk (Rajasthan) whereby the bail application filed by the appellants have been dismissed.
Brief facts of the case are that an FIR No. 125/2016 was registered at Police Station Peeplu Distt. Tonk for the offences mentioned therein. During the course of investigation, the accused appellants were arrested. Thereafter they moved the bail application before the trial court, who vide impugned order dismissed the same. Hence this appeal has been filed on behalf of the appellants.
Learned counsel for the appellants has contended that the appellants are in judicial lockup since long. Learned counsel for the appellants has annexed the statement of the prosecutrix Nandu alongwith this appeal by which she has declared hostile by the trial Court and conclusion of the trial will take time, hence the accused appellants should be released on bail.
On the other hand, learned Public Prosecutor has opposed the submissions advanced on behalf of learned counsel for the appellants.
Looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of
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the case, I deem it just and proper to release the appellants on bail.
Therefore, these two appeal are allowed and it is directed that accused appellants Rajesh @ Raju S/o Shri Badri Lal & Mukesh S/o Shri Ram Lal shall be released on bail under Section 14-A of SC/ST Act in connection with afore-mentioned FIR provided they furnish a personal bond in the sum of Rs.2,00,000/- together with two sureties in the sum of Rs.1,00,000/- each to the satisfaction of the trial court with the stipulation that they shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
(MAHESH CHANDRA SHARMA)J.
N.Gandhi 244-245
2 issues framed by the court
Whether bail should be granted in the present circumstances without going into merits of the case?
Whether the condition of furnishing a personal bond and sureties is sufficient for granting bail?
1 provisions across 1 enactments
Rajesh @ Raju
Mukesh
State of Raj.
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
