Ramniwas and Ors. Vs State

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 1070 / 2017

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Ramniwas S/o Shri Phusaram, Caste Jat

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Hadman Ram S/o Shri Phusaram, Caste Jat

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R/o Nandiya Jajda, P.S. Khedapa, District Jodhpur, at present Mata ka Than, P.S. Mandore Jodhpur.

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Rahul Tak @ Ravi Tak S/o Jabbar Singh, Caste Mali, R/o Behind Mahamandir Police Station, P.S. Mahamandir, Jodhpur.

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Narpat Prajapat S/o Shri akhraj Prajapat, R/o Village Nandri P.S. Banar, District Jodhpur, at present Hem ji Ka Katla, P.S. Mahamandir, Jodhpur.

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(At present lodged in Central Jail, Jodhpur)

----Appellants

Versus

State of Rajasthan

----Respondent

For Appellant(s) : Mr. I.R. Choudhary.

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For Respondent(s) : Mr. J.P. Bhardwaj, P.P. for the State.

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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28/07/2017

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Accused-appellants have preferred this appeal under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989 to assail impugned order dated 7^th of July, 2017, passed by Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (for short, ‘learned trial Court’) rejecting their bail application under Section 439 Cr.P.C., in connection with FIR No.81/2017 of Police Station Nagauri Gate, District Jodhpur.

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In the FIR aforesaid lodged by the complainant, appellants are charged for offences punishable under Sections 147, 148, 149,

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(2 of 3)

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[CRLA-1070/2017]

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341, 323 and 325 IPC and Section 3(1)(c)(v)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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Leaned counsel for the appellants submits that all of them have been falsely implicated in the matter. Learned counsel further submits that looking to the nature of offences, learned Court below has erred in rejecting bail application.

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Learned Public Prosecutor submits that learned trial Court in its discretion has declined the prayer for bail and therefore no interference in this appeal is warranted. Learned Public Prosecutor submits that looking to the allegations made against appellants it is not desirable to upset the impugned order passed by the learned trial Court.

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I have heard learned counsel for the accused-appellants as well as learned Public Prosecutor and perused the impugned order in conjunction with the materials available on record.

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Upon perusal of the impugned order as well as other materials available on record, in my opinion, learned Court below has not objectively examined the alleged criminal delinquency of the appellants while declining bail. The learned trial Court, while rejecting the bail application, was, in fact, impressed by the offences slapped against the appellants under the Act of 1989. Therefore, in my view, learned Court below has not thrashed out the matter for grant of bail in right perspective.

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Accordingly, I feel inclined to accept this appeal.

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Consequently, the appeal is allowed and the impugned order

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(3 of 3)

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[CRLA-1070/2017]

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passed by the learned trial Court is set aside and it is ordered that accused-appellants, (1) Ramniwas S/o Shri Phusaram, (2) Hadmanram S/o Shri Phusaram, (3) Rahul Tak @ Ravi Tak S/o Jabbar Singh, and (4) Narpat Prajapat S/o Shri Akhraj Prajapat, arrested in connection with F.I.R. No.81/2017 Police Station Nagauri Gate, District Jodhpur, may be released on bail; provided each one of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(P.K. LOHRA)J.

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Bharti/153

Ramniwas and Ors. v. State

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Ramniwas and Ors. v. State

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