Allowed

Dashrath Bhai v. State

Rajasthan HC3 Nov 2018CRLAS/1268/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed criminal appeals filed under Section 14A(2) of the SC/ST Act. The court set aside bail rejection orders, stating that while one grievous injury was received by the victim, it was not assigned to any specific appellant. The appeal was disposed of without expressing an opinion on merits.

What did the court decide?

The appeals were allowed; impugned bail rejection orders were set aside; appellants were directed to be released on bail subject to personal bond and sureties.

Dashrath Bhai Vs State — Caste Atrocities | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 1239/2018

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1.Kishan Kumar S/o Chamana Bhai Meghwal, Aged About 22 Years, Akoli, Ps Pathawada Dist Banaskantha (Gujrat)

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Ajay Kumar S/o Shri Dalpat Bhai, aged about 20 years, by caste Gadia, R/o Pathawada, PS Pathawada Distt Banaskantha (Gujrat)

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Praveen Kumar S/o Shri Ramesh Bhai, aged 20 years, by caste Koli, R/o Pathawada, PS Pathawada Distt Banaskantha

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(Gujrat)

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Prakash Bhai, S/o Babu Bhai, aged 22 years, by caste Koli, R/o Pathawada, PS Pathawada Distt Banaskantha (Gujrat)

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Maan Singh @ Manbha S/o Shri Sangram Singh, aged 22 years, by caste Thakur, R/o Khimat, PS Pathawada Distt Banaskantha (Gujrat)

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(presently lodged in Distt. Jail, Sirohi)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Appeal (Sb) No. 1268/2018

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Dashrath Bhai S/o Nanji Bhai Koli, Aged About 30 Years, Pathawada, Dist Banaskanta (Gujrat)

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Bhavesh @ Bhawa Bhai, S/o Shri Kasna Ji, aged 32 years, by caste Rebari, R/c Pathawada, PS Pathawada, District Banaskanta (Gujrat).

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(presently lodged in Distt. Jail, Sirohi)

----Appellant

Versus

State, Through Pp

----Respondent

For Appellant(s) : Mr. M. Anees Bhurat Mr. Sikander Khan For Respondent(s) : Mr. Rajesh Bhati, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

(2 of 3)

[CRLAS-1239/2018]

Judgment / Order

03/11/2018

These criminal appeal 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 orders dated 15.10.2018 and 30.10.2018 passed by the Special Judge, Schedule Caste Schedule Tribe (Prevention of Atrocities) Cases, Sirohi (hereinafter to be referred as ‘trial court’) in Criminal Misc. (bail) Case Nos.407/2018(CIS No.407/2018) and 439/2018(CIS No. 439/2018), whereby the trial court has dismissed the bail application filed on behalf of the appellants.

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The appellants have been arrested in FIR No.122/2018 of Police Station Mandar, District Sirohi for the offences punishable under Sections 307, 341, 323, 143 IPC and Section 3 (1) (r), (s), 3 (2) (va) SC/ST Act.

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Learned counsel for the appellants has submitted that the appellants have falsely been implicated in this case. It is also submitted that no specific role of any of the appellants have been assigned by the complainant or the injured. It is further submitted that the allegation of inflicting grievous injury alleged to have been dangerous to life is also not proved from the investigation conducted by the Police.

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Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal.

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Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record. Looking

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(3 of 3) [CRLAS-1239/2018]

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to the fact that the injured has received two injuries, and out of which one is grievous, however, it has not been specified that to whom it has been assigned.

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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.

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Accordingly, these criminal appeals filed under Section 14A(2) of SC/ST Act are allowed and the order dated 15.10.2018 and 30.10.2018 passed by the Special Judge, Schedule Caste Schedule Tribe (Prevention of Atrocities) Cases, Sirohi in Criminal Misc. (bail) Case Nos.407/2018(CIS No.407/2018) and 439/2018( CIS No. 439/2018) is set aside. It is directed that appellants - Kishan Kumar S/o Chamana Bhai Meghwal, Ajay Kumar S/o Shri Dalpat Bhai, Praveen Kumar S/o Shri Ramesh Bhai, Prakash Bhai S/o Babu Bhai, Maan Singh @ Manbha S/o Shri Sangram Singh, Bhavesh @ Bhawa Bhai,S/o Shri Kasna Ji and Dashrath Bhai S/o Nanji Bhai Koli shall be released on bail in connection with FIR No.122/2018 of Police Station Mandar, District Sirohi provided each of them executes a personal bond in a sum of 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.

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(VIJAY BISHNOI),J

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Surabhii/198-199

Dashrath Bhai v. State

Case brief

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Dashrath Bhai v. State

Case brief

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