In a Section 439 CrPC bail appeal involving offences under Sections 147, 148, 149 IPC and the SC/ST Act ATRO, the Court allowed the appeal without expressing an opinion on merits, admitting the appellant to bail subject to the Trial Court's satisfaction.
Appeal allowed; appellant admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 1860 / 2017 Jasraj S/o Shri Ramlal, aged 26 year, B/c Bheel, R/o Rampuriya, P.S. Suket, District Kota (Raj.) presently, in Central Jail Kota.
----Appellant
Versus
State Of Rajasthan Through P P
----Respondent
For Appellant(s) : Mr. Sangram Singh Solanki Adv. For Respondent(s) : Mr. R.R. Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
08/11/2017
Appellant has filed this appeal under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 188/2017 registered at Police Station Suket, District Kota Rural for offence under Sections 147, 148, 149, 302, 307, 323 and 324 of Indian Penal Code, 1860 and Section 3(2)(V), 3(2)(Va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel for the appellant has submitted that the appellant is in custody since 05.07.2017. Appellant is not named in the FIR. Although, injured Ram Bharose has named the appellant in his statement, but no specific overt act has been attributed to the appellant.
Learned State counsel on the other hand has opposed the
(2 of 2)
[CRLA-1924/2017]
petition.
Keeping in view the facts and circumstances of the present case and without expressing any opinion on the merits of the case, this appeal is allowed. Appellant be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
S.Kumawat/Supp-101
2 issues framed by the court
Whether bail should be granted to the appellant under Section 439 CrPC in a case involving offences under Sections 147, 148, 149 IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atroci
Whether the fact that the appellant is not named in the FIR warrants granting of bail.
2 provisions across 2 enactments
Jasraj S/o Shri Ramlal
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
