Allowed

Gopal Singh v. State of Rajasthan through Pp

Rajasthan HC13 Dec 2016CRLA/1490/2016

Case brief

AI extract

What is this about?

In this criminal appeal against the rejection of a bail application in a case under the SC/ST Act and IPC, the appellant contended that Section 14A of the SC/ST Act made the appeal maintainable. The High Court allowed the appeal and directed the release of the appellant on bail subject to bond and sureties.

What did the court decide?

Accused appellant directed to be released on bail under Section 439 CrPC subject to personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each.

Gopal Singh 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 na1 Appeal NO. 1490/2016 (Gopal Singh Versus State of ~ajasthan)

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Date of order

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. . 13th ~ecember, 2016 PRESENT

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Mr. ~iya Ur Rehman, for the petitioner(s) Mr. BN Sandu, AAG for the State

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his criminal Appeal has been filed against the order dated 30.11.2016 passed by speci a1 ~udge, SC/ST reve en ti on of Atroci ti es) cases, ~araul i i n bai 1 appl i cation No. 114/2016, whereby the bail application filed by the appellant under section 439 CrPC has been rejected .

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~rief facts of the case are that the compl ai nant submitted a written report at police station, ~indau sadar, ~istrict ~arauli and on the basis of the said report, the police registered a case for the offence under sections 323, 341, 325, 308, 447, 34 IPC and 3(1)(G) (S) (R) of the SC/ST ~ct, whereupon the i nvesti gati on was commenced. npprehendi ng his arrest, the appell ant moved a bail application before the court below, but the same was dismissed vide order dated 30.11.2016. Hence, this criminal appeal has been filed by the appell ant.

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earned counsel for the appellant has contended that section 14A has been inserted in the sc and ST (prevention of ~trocities) ~ct, 2015, which is reppduced as under:

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"14~. nppeal s- (1) Notwi thstandi ng anythi ng contained in the code of criminal procedure, 1973, an appeal shall 1 from any judgment, sentence or order, not being an interlocutory order, of a special Court or an ~xclusive special Court, to the igh court, both on facts and on law. (2) .. . . (3) .. . (4) .. . 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 falsely implicated in this matter, hence he/she/they should be released on bail. his . Court asked the question from Mr. B.N. sandu, MG for the state whether appeal under section 14 of the SC/ST ~ct is maintainable or not for granting anticipatory -bail to the appellant? He replied that a1 though 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 14A of the ~ct, whereby the power has been given to the court either to accept or reject the appeal fi 1 ed by the appell ant, without expressi ng any opinion on the merits and demerits of the case, I deem it jusp and proper to allow the

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appeal filed by the appellant.

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heref fore, this appeal is allowed and it is directed that accused appellant Gopal ~ingh S/O shri shyama @ shyam singh shall be released on bail under section 439 CrPC in connection with the aforesaid FIR, provided he/she/ they furnishces) a personal bond of RS. 2,00,000/(RS. Two ~akh) with two sureties of RS. 1,00,000/(RS. One ~al<h) each to the satisfaction of the trial court with the stipulation that he/she/they shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

Gopal Singh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Gopal Singh v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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