The High Court of Rajasthan allowed criminal appeals filed under Section 14A(2) of the SC/ST Act, setting aside the Trial Court's order dismissing bail. The court directed the release of the appellants on bail with a personal bond and sureties.
Appeals allowed, impugned order set aside, appellants released on bail with Rs.50,000 bond and sureties.
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 AT JODHPUR
S.B. Criminal Appeal No. 1147/2018
Abbas S/o Jameel Khan, Aged About 19 Years, R/o Eklavya Bheel Basti, Vishnu Dairy Ke Samne, Pratap Nagar, Jodhpur (Presently lodged in Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 1148/2018
Faraj Khan S/o Sanaulla Khan Silawat, Aged About 20 Years, By caste Muslim Silawat, R/o Jakir Husaain Colony, Fifth Road, Idgah, P.S. Pratap Nagar, Jodhpur
(Presently lodged in Central Jail, Jodhpur)
----Appellant
Versus
| The State of Rajastha | n ----Respondent |
|---|---|
| For Appellant-Abbas | : Ms. Rasheeta Lohani |
| For Appellant-Faraj | : Mr. Naman Mohnot |
| For Respondent | : Mr. Rajesh Bhati, Public Prosecutor |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
03/10/2018
These criminal appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) have been filed on behalf of the appellants being aggrieved with the order dated 20.08.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases),
(2 of 3) [CRLAS-1147/2018]
Jodhpur (hereinafter to be referred as ‘trial court’) in Criminal Misc. Cases No.297/2018 and 298/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellants.
The appellants have been arrested in FIR No.242/2018 of Police Station Pratap Nagar, District Jodhpur City West for the offences punishable under Sections 458, 323, 308, 354, 336, 143 IPC and Section 3(2)(V) and 3(1)(W)(R)(S) of SC/ST Act.
Both the learned counsel for the appellants have submitted that the co-accused person viz. Mohmmed Salim @ Sanu @ Sonu have already been enlarged on bail by this Court vide order dated 28.09.2018 passed in S.B Criminal Appeal No.1056/2018.
Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal.
Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellants under Section 14-A(2) of SC/ST Act.
Accordingly, these criminal appeals filed under Section 14A(2) of SC/ST Act are allowed and the order dated 20.08.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur in Criminal Misc. Cases No.297/2018 and 298/2018 are set aside. It is directed that appellants - Abbas S/o Jameel Khan and Faraj Khan S/o Sanaulla Khan Silawat shall be released on bail in connection with FIR No.242/2018 of Police Station Pratap Nagar, District Jodhpur City West provided each of them executes a personal bond in a sum of
(3 of 3) [CRLAS-1147/2018]
Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Abhishek Kumar S.Nos.132-133
2 issues framed by the court
Whether bail should be granted to the appellants in the interests of justice under Section 14A(2) of the SC/ST Act considering the facts and circumstances.
Whether the dismissal of the bail application by the trial court should be set aside to release the accused on bail.
3 provisions across 2 enactments
Abbas S/o Jameel Khan
Faraj Khan S/o Sanaulla Khan Silawat
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
