Appeal preferring bail against an order refusing it in an SC/ST Atrocities case. The High Court allowed the appeal, quashing the earlier order and granting bail subject to bonds.
Impugned order dated 13.02.2017 quashed; accused released on bail with personal bond of Rs. 1,00,000 each and surety bonds of Rs. 50,000 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.
' HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S. B. Criminal Appeal No. 331 / 2017
I. Bhupendra S/o Vijaypal B/c Thakur, Aged About. 37 Years, R/o Village Madha, Police Station Saipau, Distt. Dholpur (raj.) (accused is Presently Confined in Distt. Jail Dholpur)
rn State of Rajasthan Through PP
Public Prosecutor : ., q8& ," Rajendra. Raghay .I
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Order
15/02/2017
The present Misc. criminal appeal under section 14 (A) (2) of SC/ST (Prevention of Atrocities) Act is preferred by the Accused/ appellants Bhupendra, Kuldeep Singh, Satyaprakash, Ramprakash and Shilendra Singh against the impugned order
I dated 13.02.2017 passed by learned Special Judge SCIST (Prevention of Atrocities) Cases, Dholpur in bail application No. 25/2017, in the matter of FIR No. 24112016 registered at Police Station Saipau, District Dholpur for offences punishable under Sections 147, 148, 149, 323, 341, 336, 504 and 325 of IPC and Section 3-1 of SCIST (Prevention of Atrocities) Act.
Learned Counsel for appellants Mr. Manoj Avasthi submits that co-accus,ed Shayam Singh, Alok Kumar, Sant Kumar, Ashok and Pradeep have already been releasedki,ons bail by this Court and 'the case of present appellants is not di~tin'g.~uishable % ,1 ,+ than that of co-accused, therefore, the impugned order may be ,&;- *. '7'% ,.. * quashed and set aside - and adc.U&&i& -. . J appellants &@*a, may be released ,&$ *A b.t,%&x .' t,% u".bx4. 2:; "p &.<+ t9' 9,<*a* $ - x'.. @&-- ". L..! yg Ztj $ .. 2y#" on bail. 4' "". I + % Y-.:, s' $, .. 8
Learned PU~~C Prasec.utW 'Mr. Rajender Raghav while <% * opposing the appeal supportedthe impugned order.
I have considered the sub,missions made at bar.
.. 1
on behalf of the respective pa rties a i la ble for my perusa I, therefore without on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to allow this appeal.
Consequently, Misc. criminal appeal under section 14 (A) (2) of SCIST (Prevention of Atrocities) Act is allowed and impugned order dated 13.02.2017 is quashed and set aside.
Therefore, it is ordered that the accused-appellants No. (1) Bhupendra S/o Shri Vijaypal (2) Kuldeep Singh S/o Shri Rajveer Singh (3) Satyaprakash S/o Shri Gaj Singh (4) Ramprakash S/o Shri Jandel Singh (5) Shilendra Singh S/o Shri Shayamveer Singh in FIR No. 241/2016 registered at Police Station Saipau, District Dholpur, shall be released on bail; provided they furnish a personal bond of Rs. 1,00,000/each and two surety bonds +I of Rs.. ,50,000/- each t,o the satisfaction of the learned trial court with the stipulation to appear. before the Trial C .&
Court on.:':a:;~~bates of hearing and as and when cal~d-~~~on to do W . r Q*" 4; -- /\ SO. *$w "rX" . .&dss@"-,
-* (B,AN?WARI LAL SHARMA)J.
1 issue framed by the court
Whether the impugned order refusing bail to the appellants should be quashed and they released on bail.
3 provisions across 3 enactments
Bhupendra
Kuldeep Singh
Satyaprakash
Ramprakash
Shilendra Singh
State of Rajasthan
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
