Allowed

Ravinder Kumar v. State of Rajasthan through Pp

Rajasthan HC13 Dec 2016CRLA/1435/2016

Case brief

AI extract

What is this about?

In this criminal appeal against the rejection of an anticipatory bail application, the High Court of Rajasthan held that an appeal filed under Section 14A of the SC/ST Act is maintainable. Consequently, the appeal was allowed, directing the release of the appellant on bail subject to furnishing a personal bond with sureties and complying with specific conditions.

What did the court decide?

The appellant is released on bail by the investigating officer by furnishing a personal bond of Rs. 2,00,000/- and two sureties of Rs. 1,00,000/- each, subject to specific conditions regarding appeara

Ravinder Kumar Vs State of Rajasthan through Pp — Caste Atrocities | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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ORDER

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S . B . Cri mi nal Appeal NO. 143'5/2016 (~avinder Kumar Versus State of ~ajasthan)

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Date of Order

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. . 13th ~ecember, 2016

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PRESENT

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HON'BLE MR. 3USTICE MAHESH CHANDRA SHARMA

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Mr. JR Tantia, for the pet! tioner(s) Mr. BN sandu, MG for the *State 10 1-i s present in person

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This Criminal Appeal has been filed awnst the order dated 22.11.2016 passed by 3pec-i a1 Judge, SC/ST reve en ti on of Atroci ti es) cases, AI war i n bai 1 appl i cati on NO. 1/310/2016, whereby the bail application filed by the appellant under Section 438 CrPC has been rejected .

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~rief facts of the case are that the complainant Data Ram got registered FIR at police station, Ti jara, ~istrict ~lwlar with regard to an incident alleged to have talten place on 23.10.2016. The police registered a case for the offence under sections 323, 341 IPC and 3(2) (va) of the SC/ST ~ct, whereupon the investigation was commenced. ~pprehendi ng hi s arres-t , the appell ant moved a bail application before the court bel-ow, but the same was dismissed vide order dated 22.11.2016. Hence, thi s cri mi nal appeal has been fi 1 ed by the appell ant. e -- t- -- ~earned counsel for the appellant has contended that a1 1 eged offence under secti on2 3 (2) (va) of SC/ST ~ct and 323, 341' IPC are bai lab1 e. earned counsel ar the appellant has further

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contended that Section 14A has been inserted in the sc and ST (Prevention of ~trocities) ~ct, 2015, which is reproduced as under:

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"14~. Appeal s- (1) ~otwi thstandi ng anythi ng contained in the code of criminal procedure, 1973, an appeal shall lie, from any judgment, sentence or order, not being * an interlocutory order, of a Special Court or an ~xclusive Special Court, to the ~i.gh court, both on facts and on law. (2) .. . . (3) .. . (4) .. .

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earned counsel for the appellant has further contended that in view of new provision 14~ inserted in the SC/ST ~ct, this appeal is mai ntai nab1 e. he accused appell ant has been fa1 sel y i mpl i cated i n thi s matter, hence he/she/they should be re1 eased on bail . This Court asked the question from Mr. B.N. andu, MG for the State whether appeal under section 14 of the SC/ST ~ct is maintainable or not for granting anticipatory bail to the appell-ant? He replied that although the appeal is maintainable, but he has opposed the appeal filed by the appellant.

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I have heard learned counsel for the parti es and careful 1 y perused the re1 evant material on record.

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ooking to the facts and circumstances of the case and in the light of the provisions of section 14 of the ~ct, whereby the power has been given to the court either to accept or reject the appeal fi 1 ed by thebppel 1 ant, wi thout expressi ng

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any opinion on the merits and demerits of the case, I deem it just and proper to allow the appeal filed by the appellant.

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heref fore, this appeal filed by the appellant under section 14A of the SC/~T ~ct is allowed and it is directed that in the event of arrest of appellant Ravinder Kumar S/O ~ahaveer ~rasad in FIR No. 693/2016 registered at police station, Tijara, ~istrict Alwar, he shall be re1 eased on bai 1 by the concerned ~~0/1nvesti gati ng ~ffi cer, provi ded he furni shes a personal bond in the sum of RS. 2,00,000/(RS. TWO ~akh), with two sureties of RS. 1,00,000/(RS. One Lakh) each to his / her satisfaction on the foll owi ng conditions :

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i) hat the appellant shall make himself available for interrogation by a police officer, as and when requi red; ii) hat the appellant shall not di rectly or i ndi rectl y make any i nducement , threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer; iii)That the appellant shall not leave without previous permission of the court; iv) That the appellant shall not commit any

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offence similar to the offence of which he is accused or suspected.

Ravinder Kumar v. State of Rajasthan through Pp

Case brief

What is this about?

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Ravinder Kumar v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

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